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HomeMy WebLinkAbout04-1942LAW OFFICES OF GREGG DURLOFSKY BY: Gregg R. Durlosky, Esquire Attorney I.D. 66253 111 W. Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Judith Pickel 742 Enola Street Enola, PA 17025 vs. Patrice Leonard individual and d/b/a The Right Cut 33 Lancaster Avenue Enola, PA 17025 The Right Cut 33 Lancaster Avenue Enola, PA 17025 Schoeneman Beauty Supply, Inc. 5103 Carlisle Pike Mechanicsburg, Pennsylvania Schoeneman Corporation Schoeneman Beauty Supply Attorney for Plaintiff Court of Common Pleas Cumberland County, " Pennsylvania : Civil Action: Law No. ex - /?! ? '4 NOTICE TO PLEAD COMPLAINT - CIVIL ACTION 'NOTICE "You have been sued m court Ifyou wish to defend against the claims set forth m the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entenng a written appeazance personally or by attorney and filim$ m writing with the court your defenses or objectwms to the claims set forth against you. You are warned that ifyou fail to do so the case nay proceed wal mut you and ajudgment may be entered against you by the court without further roance for my money claimed m the complain or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CANPROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Thomas E. Chaffin, Count Adrunstrator One Courthouse Square, 4° floor Carlisle, PA 17013 (717) 240-6200 "AVISO" Le han demandado en come. Si usted quiets defendase contra las demandas nombradas en las paginas sigmentes, time viente (20) dias a partir de recibir esle demanday notificacion pare enuablarpessonalmeam, o por un abogado una compamosocia esaita y tambien parr entablar can Is cone en forma escrita sus defenses y objeciones a las demandas contra usted See advisado que si usted no se defrendc, el caso puede continuer sin usted y Is carte fu ede incmporar tm juicio contra usted sin pomio aviso pars, conseguir el d nem demandedo en el pleim o para conseguir eualquier ona demands o alivio solicitados por el demendatne. Usted puede perder diners o propiedad u omis derechos importenues pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAWNTE. SI USTED NO TIENE ABOGADO (O NO TIENE DINERO SUFICIENTE PARA PAGAR A UNABOGADO), VAYA EN PERSONA O LLAME FOR TELEFONO LA OFICINA NOMBRADA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIALEGAL. ESTAOFICINAPUEDEPROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A ON ABOGADO.. SI USTED NO THINE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISH OS PARA UN HONORARIO REDUCIDO O NINGUN HONORARIO. Thomas E. Cheftans, Court Admostrator One Courthouse Square, 40 flow Carlisle, PA 17013 (717) 240-6200 LAW OFFICES OF GREGG DURLOFSKY BY: Gregg R. Durlofsky, Esquire Attorney I.D. 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 IN THE COURT OF COMMON CUMBERLAND COUNTY, PENT Judith Pickel 742 Enola Street Enola, PA 17025 VS. Patrice Leonard individual and d/b/a The Right Cut 33 Lancaster Avenue Enola, PA 17025 The Right Cut 33 Lancaster Avenue Enola, PA 17025 Schoeneman Beauty Supply, Inc. 5103 Carlisle Pike Mechanicsburg, Pennsylvania Schoeneman Corporation 5103 Carlisle Pike Mechanicsburg, Pennsylvania Schoeneman Beauty Supply 5103 Carlisle Pike Mechanicsburg, Pennsylvania I hereby Certify and Attest that this Is a True and Correct copy of the Original Complaint filed with the " Court y l /AS tto y for Plaintiff(s) P 4 9YLVANIA CIVIL ACTION : LAW NO. PLAINTIFFS' COMPLAINT PARTIES 1. Plaintiff, Judith Pickel (hereafter Plaintiff), is an adult natural person residing at the captioned address. 3. Defendant, Patrice Leonard is an individual d/b/a The Right Cut with a principle place of business at the above referenced location. 4. Defendant, The Right Cut is corporation license and operating in the Commonwealth of Pennsylvania, with a principle location at the above captioned address. 5. Patrice Leonard was at all times the employee, agent, and/or servant of Defendant The Right Cut. 6. In the alternative, Patrice Leonard at all times was acting on her own accord and mission. 7. Defendant, Schoeneman Beauty Supplies, Inc is corporation and/or business license and operating in the Commonwealth of Pennsylvania, with a principle location at the above captioned address. 8. Defendant, Schoeneman Corporation is corporation license and operating in the Commonwealth of Pennsylvania, with a principle location at the above captioned address. 9. Defendant, Schoeneman Beauty Supplies is corporation and/or business license and operating in the Commonwealth of Pennsylvania, with a principle location at the above captioned address. 10. On or about May 14, 2002, the Plaintiff was a business invitee of Defendant Schoeneman Beauty Supply, Inc. at Defendant Schoeneman Beauty Supply Inc 's business located at 5103 Carlisle Pike, Mechanicsburg, Pennsylvania. 11. In the alternative on or about May 14, 2002, the Plaintiff was a business invitee of Defendant Schoeneman Corporation at Defendant Schoeneman Corporation's business located at 5103 Carlisle Pike, Mechanicsburg, Pennsylvania. 12. In the alternative on or about May 14, 2002, the Plaintiff was a business invitee of Defendant Schoeneman Beauty Supply at Defendant Schoeneman Beauty Supply's business located at 5103 Carlisle Pike, Mechanicsburg, Pennsylvania (hereafter "the business"). 13. While shopping in the business located at 5103 Carlisle Pike, Mechanicsburg, Pennsylvania plaintiff was caused to trip and fall on a filled hand basket which was placed on the floor behind her by Defendant Patrice Leonard. 14. Plaintiff was in line to pay for her merchandise and Patrice Leonard was in line behind her directly prior to this incident. 15. Plaintiff sustained physical injuries as a result of this incident as more fully described hereinafter. 16. The aforesaid incident and injuries sustained by the Plaintiff were caused by the carelessness and negligence of Defendant Patrice Leonard which included: (a) placing the filled hand basket on the floor behind Plaintiff; (b) not notifying plaintiff that she had placed the hand basket behind Plaintiff; (c) creating a tripping hazard; (d) placing the hand basket on the floor (e) failing to properly warn of dangerous conditions which were known or with reasonable inspection would have been known to Defendant Patrice Leonard; (f) failing to correct the dangerous condition presented by the hand basket; (g) any and all acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure. 17. This accident resulted solely from the negligence and recklessness of the Defendants, and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 18. As a result of this incident, Plaintiff Judith Pickle has suffered injuries including cervical injuries, lumbar injuries, blood clots, hip contusions, and cut to her hand and finger, some or all of which are or may be serious and permanent in nature, some or all of which have caused her and continue to cause her great pain and agony and have prevented her and probably in the future will prevent her from attending to her daily occupational and social activities, all to her great financial damage and loss. 19. By reason of the aforesaid incident, Plaintiff was caused to suffer great harm and potentially permanent injuries to her body. 20. Further, Plaintiff has been compelled to spend various sums of money for medicine and medical attention in and about endeavoring to treat and cure herself of his injuries. 21. As a further result of this accident, Plaintiff has or may suffer a severe loss of earnings and impairment of earning capacity and powers; said loss of income and/or impairment of earning capacity. 22. As a further result of this accident, Plaintiff has suffered severe physical pain and mental anguish and humiliation and may continue to suffer same for an indefinite period of time in the future. WHEREFORE, Plaintiff, Judith Pickel, demands damages from Defendant Patrice Leonard, individually and jointly and severally, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus interest, delay damages, costs of suit, and such other remedy as seen fit by this court. COUNT II : JUDITH PICKEL V. THE RIGHT CUT 23. Plaintiff incorporates the allegations of Counts 1-22 as if set forth herein at length. 24. The aforesaid incident and injuries sustained by the Plaintiff were caused by the carelessness and negligence of Defendant The Right Cut. by and through its employees, agents and or servants which included: (a) failing to properly instruct Patrice Leonard; (b) failing to train Patrice Leonard; (c) any and all acts of negligence performed by Patrice Leonard.; (d) any and all acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Judith Pickel, demands damages from Defendant The Right Cut, individually and jointly and severally, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus interest, delay damages, costs of suit, and such other remedy as seen fit by this court. COUNT III: JUDITH PICKEL V. SCHOENEMAN BEAUTY SUPPLY, INC. 25. Plaintiff incorporates the allegations of Counts 1-22 as if set forth herein at length. 26. The aforesaid incident and injuries sustained by the Plaintiff were caused by the carelessness and negligence of Defendant Schoeneman Beauty Supply, Inc. by and through its employees, agents and or servants which included: (a) failing to protect its business invitees from dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoeneman Beauty Supply, Inc., (b) failing to properly warn of dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoeneman Beauty Supply, Inc; (c) failing to correct the dangerous condition presented by the hand basket; (d) any and all acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Judith Pickel, demands damages from Defendant Schoeneman Beauty Supply, Inc., individually and jointly and severally, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus interest, delay damages, costs of suit, and such other remedy as seen fit by this court. COUNT III: JUDITH PICKEL V. SCHOENEMAN CORPORATION 27. Plaintiff incorporates the allegations of Counts 1-22 as if set forth herein at length. 28. The aforesaid incident and injuries sustained by the Plaintiff were caused by the carelessness and negligence of Defendant Schoeneman Corporation by and through its employees, agents and or servants which included: (a) failing to protect its business invitees from dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoeneman Corporation, Inc; (b) failing to properly warn of dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoeneman Corporation, Inc; (c) failing to correct the dangerous condition presented by the hand basket; (d) any and all acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff , Judith Pickel, demands damages from Defendant Schoeneman Corporation, individually and jointly and severally, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus interest, delay damages, costs of suit, and such other remedy as seen fit by this court. COUNT III: JUDITH PICKEL V. SCHOENEMAN BEAUTY SUPPLY 29. Plaintiff incorporates the allegations of Counts 1-22 as if set forth herein at length. 30. The aforesaid incident and injuries sustained by the Plaintiff were caused by the carelessness and negligence of Defendant Schoeneman Beauty Supply by and through its employees, agents and or servants which included: (a) failing to protect its business invitees from dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoeneman Beauty Supply; (b) failing to properly warn of dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoeneman Beauty Supply; (c) failing to correct the dangerous condition presented by the hand basket; (d) any and all acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Judith Pickel, demands damages from Defendant Schoeneman Beauty Supply, individually and jointly and severally, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus interest, delay damages, costs of suit, and such other remedy as seen fit by this court. LAW OFFICE" f G DURLOFSKY BY: z FGG R. DURLOFSKY, ESQUIRE West Germantown Pike Plymouth Meeting, Pa 19462 (610) 834-9483 Attorney for Plaintiffs VERIFICATION having read the foregoing verify the statements contained therein are true and correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to sworn falsification to authorities, which provides that should I make known false averments I may be subject to criminal penalties. Dated: v\ -?1 ??v1 (? o r ° 'n "il ill O -1 r G Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JUDITH PICKEL, Plaintiff Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBE=RLAND COUNTY, PENNSYLVANIA V. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC. SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants NO. 04-1942 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED APPEARANCE PLEASE enter the appearance of Jefferson J. Shipman, Esquire on behalf of the Defendants, Patrice Leonard, individual and d/b/a the Right Cut and The Right Cut, in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER J arson J. Shipman, quire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, Patrice Leonard, individual and d/b/a The Right Cut DATE: :229811 CERTIFICATE OFSERMCE AND NOW, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Gregg Durlofsky, Esquire 111 west Germantown Pick Plymouth Meeting, PA 19462 Attorney for Plaintiff Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman DUFFIE, STEWART & WEIDNER DATE: 6 :229812. Jefferson J. Shipman, 'Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, Leonard and The Right Cut 227504-1 N 0 ?- r t.. 1 N N O 0 i ?7 } Y-? 1 'c SHERIFF'S RETURN - REGULAR CASE NO: 2004-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICKEL JUDITH VS LEONARD PATRICE ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEONARD PATRICE the DEFENDANT , at 1230:00 HOURS, on the 5th day of May , 2004 at 33 LANCASTER AVENUE ENOLA, PA 17025 by handing to PATRICE LEONARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this .2-1 day of aZIIUy A.D. rothonotary / So Answers: R. Thomas Kline 05/18/2004 GREGG DURLOFSKY By: eputS erif SHERIFF'S RETURN - REGULAR CASE NO: 2004-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICKEL JUDITH VS LEONARD PATRICE ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEONARD PATRICE D/B/A THE RIGHT CUT the DEFENDANT at 1230:00 HOURS, on the 5th day of May 2004 at 33 LANCASTER AVENUE ENOLA, PA 17025 by handing to PATRICE LEONARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ,2 7 day of oZ?tJ?I A.D. ?f rothonota So Answers: R. Thomas Kline 05/18/2004 GREGG DURLOFSKY By: 4eput , Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICKEL JUDITH VS LEONARD PATRICE ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHOENEMAN BEAUTY SUPPLY INC the DEFENDANT , at 1428:00 HOURS, on the 5th day of May 2004 at 5103 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to DEBBIE SHULTZ, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 24.28 Sworn and Subscribed to before me this ?7 day of jouI{ A.D. uotno otary - oth So Answers:? R. Thomas Thomas Kline ff 05/18/2004 GREGG DURLOFSKY By: qDe4puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICKEL JUDITH VS LEONARD PATRICE ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHOENEMAN CORPORATION the DEFENDANT , at 1428:00 HOURS, on the 5th day of May , 2004 at 5103 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to DEBBIE SHULTZ, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 27 J day of o-? alt I ?A...D? P othonotary So Answers:: R. Thomas Kline 05/18/2004 GREGG DURLOFS By: Deputy She iff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PICKEL JUDITH VS LEONARD PATRICE ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHOENEMAN BEAUTY SUPPLY the DEFENDANT , at 1428:00 HOURS, on the 5th day of May 2004 at 5103 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to DEBBIE SHULTZ, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 12? le, day of ?ic? a11? { A. D. 11 w ?,. ?'Ll,?ot., yProthonotary So Answers: R. Thomas Kline 05/18/2004 GREGG DURLOFS ,G By: Deputy Sheri f ,AW OFFICES OF GREGG DURLOFSKY SY: Gregg K Durlofsky, Esquire ?ttomey I.D. 66253 .11 West Germantown Pike 'lymouth Meeting, PA 19462 610 834-9483 IUDIT 4 PICKEL, Plaintiffs V. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1942 CIVIL PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND NOW COMES Plaintiff, by and through her attorney, Gregg R. Durlofsky, Esquire and answers Defendant's New Matter as follows: 31. Denied as a conclusion of law to which no response or pleading is required. 32. Denied, as a conclusion of law to which no response or pleading is required. 33. Denied, as a conclusion of law to which no response or pleading is required. 34. Denied, as a conclusion of law to which no response or pleading is required. 35. Denied, as a conclusion of law to which no response or pleading is required. WHEREFORE, Plaintiff, demands damages as set forth in his complaint. LAW BY: DURLOFSKY R. DURLOFSKY, ESQUIRE for Plaintiff DATE: Ghc/w! L ,W OFFICES OF GREGG DIIRLOFSKY f: Gregg R. Durlofsky, Esquire ttomey I.D. 66253 l 1 West Germantown Pike lymouth Meeting, PA 19462 i10 834-9483 UDITH PICKEL, Plaintiffs V. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, BEAUTY INC. SCHOENEMAN SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1942 CIVIL CERTIFICATE OF SERVICE I Gregg R. Durlofsky, hereby certify that I have forwarded a true and correct copy of PlaintiffF s Response to Defendant's Matter by first class mail, postage prepaid on the date shown below to the following interested counsel: Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechancisburg, PA 17055 Jefferson Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Dated: By: f;.. Gregg R. ' rlofsky, Esquire ' Atto y for Plaintiff i ?- 4 ca (7 'F .k r 7 "L ? a3 4i = ? G? orn o -? GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation JUDITH PICKEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-1942-CIVIL PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SCHOENEMAN: BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC. and SCHOENEMAN: CORPORATION Defendants CIVIL ACTION - LAW To: Judith Pickel Date of Notice c/o Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Patrice Leonard, Individually and d/b/a The Right Cut c/o Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 NOTICE 7-?-()Z You are hereby notified to file a written response to the enclosed New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) within twenty (20) days of the date of service hereof pursuant to Pa. R.C.P. 1026, or default judgment may be entered against you. Date: 7'd -tl y By: ?.,.? Grego . CCassimatis, Esquire Attorn y for Defendants GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 JUDITH PICKEL, ATTORNEY FOR DEFENDANTS, Schoeneran Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-1942-CIVIL PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SCHOENEMAN: BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC. and SCHOENEMAN: CORPORATION Defendants CIVIL ACTION - LAW ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT OF DEFENDANT, SHOENEMAN BEAUTY SUPPLY, INC., SHOENEM:AN CORPORATION AND SHOENEMAN BEAUTY SUPPLY AND NOW, comes Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply by and through their counsel, Gregory E. Cassimatis Esquire and files the following Answer with New Matter to Plaintiff's Complaint as follows: Admitted in part and denied in part. It is admitted that Plaintiff, Judith Pickel is an adult. The balance of the allegations are denied without knowledge. 3.[sic.] The allegations contained in Paragraph 3 of Plaintiff's Complaint are directed to a Defendant other than the answering Defendant and, therefore, no response is required. 4. The allegations contained in Paragraph 4 of Plaintiff's Complaint are directed to a Defendant other than the answering Defendant and, therefore, no response is required. 5. The allegations contained in Paragraph 5 of Plaintiff's Complaint are directed to a Defendant other than the answering Defendant and, therefore, no response is required. 6. The allegations contained in Paragraph 6 of Plaintiff's Complaint are directed to a Defendant other than the answering Defendant and, therefore, no response is required. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that there is a corporation known as Schoeneman Corporation. It is denied that said corporation has a principle location at 5103 Carlisle Pike, Mechanicsburg. On the contrary, the principle place of business of Schoeneman Corporation is 396 Pottsville St. Claire Highway, Pottsville, Pennsylvania. 9. Denied. There is no business known as Schoeneman Beauty Supplies. The correct name of the owner of the business in question is Schoeneman Beauty Supply, Inc. with a location at 5103 Carlisle Pike, Mechanicsburg, Pennsylvania. 10. Admitted on information and belief. 11. Denied. 12. Denied. 13. Admitted on information and belief. 14. Admitted with clarification. It is admitted that the ]Plaintiff had been in line to pay for her merchandise and Patrice Leonard was in line behind her prior to this incident. By way of further answer, Plaintiff had completed paying for her merchandise prior to this incident in question taking place. 15. Denied. 16. (a)-(f) Denied pursuant to Pa.R.C.P. 1029(e). (g) This Count has been dismissed pursuant to a Stipulation of counsel. 17. Denied. 18. Denied pursuant to Pa.R.C.P. 1029(e). 19. Denied pursuant to Pa.R.C.P. 1029(e). 20. Denied pursuant to Pa.R.C.P. 1029(e). 21. Denied pursuant to Pa.R.C.P. 1029(e). 22. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, answering Defendants demand judgment in their favor and against the Plaintiff, together with costs of suit. COUNT II JUDITH PICKLE V. THE RIGHT CUT 21-24. The allegations contained in Count II of Plaintiff's Complaint are addressed to a Defendant other than the answering Defendant and, therefore, no response is required. WHEREFORE, answering Defendants demand judgment in their favor and against the Plaintiff, together with costs of suit. COUNT III JUDITH PICKLE V. SCHOENEMAN BEAUTY SUPPLY, INC. 25. The answering Defendant incorporates its answers to Paragraphs 1 through 24 above as if fully set forth at length. 26. (a)-(c) Denied pursuant to Pa.R.C.P. 1029(e). (d) This Count has been dismissed pursuant to a Stipulation of Counsel which is attached hereto as Exhibit "A". WHEREFORE, answering Defendant demands judgment in their favor and against the Plaintiff, together with costs of suit. COUNT III [sic] JUDITH PICKLE V. SCHOENEMAN CORPORATION 27. The answering Defendant incorporates its answers to Paragraphs 1 through 24 above as if fully set forth at length. 28. (a)-(c) Denied pursuant to Pa.R.C.P. 1029(e). a. This Count has been dismissed pursuant to a. Stipulation of Counsel which is attached hereto as Exhibit "A" WHEREFORE, answering Defendants demand judgment in their favor and against the Plaintiff, together with costs of suit. COUNT III [sic] JUDITH PICKLE V. SCHOENEMAN BEAUTY SUPPLY 29. The answering Defendant incorporates its answers to Paragraphs 1 through 24 above as if fully set forth at length. 30. (a)-(c) Denied pursuant to Pa.R.C.P. 1029(e). a. This Count has been dismissed pursuant to a Stipulation of Counsel which is attached hereto as Exhibit "A". WHEREFORE, answering Defendants demand judgment in their favor and against the Plaintiff, together with costs of suit. NEW MATTER 31. Plaintiff s Complaint fails to set forth a cause of action upon which relief can be granted against the answering Defendants. 32. Plaintiff s injuries and damages, if any were caused solely and directly as a result of individuals or entities other than the answering Defendants and over whom the answering Defendants have no responsibility or right to control. 33. Plaintiff s injuries and damages, if any, were caused solely and directly as a result of the negligence of Plaintiff, Judith Pickel in failing to use reasonable care to look out for her own safety. 34. Plaintiff s claims may be barred or diminished pursuant to the provisions of the Pennsylvania Comparative Negligence Act. 35. Plaintiffs cause of action and/or right of recovery is barred or modified by the Doctrine of Assumption of Risk as applied in the Commonwealth of Pennsylvania. 36. The answering Defendants were not on notice of any dangerous condition on their premises, the existence of which is specifically and unequivocally denied. 37. The answering Defendants exercised all reasonable care necessary to discover the existence of any and all dangerous conditions on their premises, said conditions being specifically and unequivocally denied. 38. The harm sustained by Plaintiff, if any, was not foreseeable by the answering Defendants. WHEREFORE, answering Defendants demand judgment in their favor and against the Plaintiff, together with costs of suit. NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) 39. The answering Defendant incorporates herein by reference all well pleaded averments and causes of action as stated by Plaintiff in her Complaint. The answering Defendants deny all averments of liability, but if, upon adjudication of Plaintiff's cause of action, it is judicially determined that said Defendants are liable to the Plaintiff, said liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness or recklessness of Co- Defendants, Patrice Leonard, Individually and d/b/a The Right Cut, for which claim is hereby made for contribution and/or indemnity. 40. As the direct and proximate result of the foregoing, Co-Defendants, Patrice Leonard, Individually and d/b/a The Right Cut are alone liable to the Plaintiff or liable over to the answering Defendant or jointly and severally liable to the Plaintiff. WHEREFORE, Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply demand indemnity and/or contribution as the court may deem appropriate in their favor and against Co-Defendants, Patrice Leonard, Individually and d/b/a The Right Cut and demand that said Defendants be found solely liable to the Plaintiff, jointly or severally liable with the answering Defendants or liable over to the answering Defendants as in contribution and/or indemnity. Date: By:_ 1? Gregory assimatis, Esquire Counsel or Defendants, Shoeneman Beauty Supply and Shoeneman Beauty Supply, Inc. VERIFICATION I, Carla Wilhelm, Executive Assistant ofSc?,oent mCt.n CCt U Su a Defendant herein, verify that I am authorized to execute this verification and verify that the facts set forth in the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: ?D D Name: Carla Wi elm TE OF SERVjCE CERTIFICA Esquire> E Cassimatis, 2004, 1, Gregory and, 4S day of Schoeneman Corporation arr AND INOW' this Beauty SupP1Y, In Defendant s t Schoeneman of the within efendan , that I served a copy e in the Attorney f°r D certify hereby by same Scboenemar' Comp addressed to: Matter to plaintiffs pennsylvarua, Answer witl, repaid, in Mechanicsburg, United States Mail, Postage P D Law offices of Gxeggurlofsky Gregg Dux]ofsk)" EsgP ke 111 W. Germantown Plymouth Mf%eting, I) p, 19462 Jefferson ShwMan,Es Esquire Jeff eidnex Duffle, Stewart 109 Johnson, 0. Box 301 Maxke'PStreet, 43-0109 Lemoyne atis, Esquire BY assim GYegory wise Drive, Suite 103 49991 ° pA 11055 Mechamcsbuxgl (1]1) 791.0400 Attorney 1.D • # 49619 n ti ~C"r_ r fT'e'' _ L ? __ ' f TI 1 ' ? r T ? '? ra GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation JUDITH PICKEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-1942-CIVIL PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SCHOENEMAN: BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC. and SCHOENEMAN: CORPORATION Defendants CIVIL ACTION - LAW PRAECIPE TO FILE STIPULATION TO THE PROTHONOTARY: Please file the attached Stipulation to Withdraw Paragraphs 16(g), 24(d), 26(d), 28(d) and 30(d) from Plaintiff's Complaint in regard to the above matter. Date: 7-4-0 By: ?? Gre E. Cassimatis, Esquire Attorney for Defendants JUDITH PICKEL, Plaintiff V. PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SHOENEMAN BEAUTY SUPPLY AND SHOENEMAN BEAUTY SUPPLY, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1942-CIVIL CIVIL ACTION - LAW STIPULATION TO WITHDRAW PARAGRAPHS 16(ali, 24(d), 26(d), 28(d), and 30(d) FROM PLAINTIFF'S COMPLAINT It is hereby stipulated and agreed between Gregg R. Durlofsky„ Esquire, counsel for Plaintiff, Jefferson J. Shipman, counsel for Defendants, Patrice Leonard, individually and d/b/a The Right Cut and Gregory E. Cassimatis, Esquire, counsel for Defendants, Supply, Inc. and Shoeneman Beauty Supply that Paragraphs 16(g), 2 d), 26(d), d), and 30(d) be stricken from Plaintiff's Complaint. Date: c. 1 s 1?1 Gregg R. urlofsky, Esquire / Coimse or Plaintiff Gregory assimatis, Esquire Counsel for Defendants, Shoeneman Beauty Supply and Shoeneman Beauty Supply, Inc. J 7chon J. Shipman, Esquire oimsel for Defendant, Patrice Leonard, Individually and d/b/a The Right Cut Date: Date: ?? t ? CERTIFICATE OF SERVICE AND NOW, this (a '?s day of J-Ld , 2004, I, Gregory E. Cassimatis, Esquire, T- Attorney for Defendant, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply, hereby certify that I served a copy of the within Stipulation to Withdraw Paragraphs 16(g), 24(d), 26(d), 28(d) and 30(d) from Plaintiff's Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Law Offices of Gregg Durlofsky Gregg Durlofsky, Esquire 111 W. Germantown Pike Plymouth Meeting, PA 19462 Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 By: Grego. Cassimatis, Esquire 4,999 r-ouise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 .., ?? ?r N Q f? r ? r> r' ? ? 1 S ?- f11? c L U ? ' r L -. ? i7 ?-??1 _... n Li w _.1 Gl -C 7ohnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JUDITH PICKEL, V. Plaintiff Attorneys for Defendant, Leonard IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC. SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants NO. 04-1942 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER IN THE NATURE OF CROSSCLA/M OF DEFENDANTS, SCHOENEMAN BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC.. AND SCHOENEMAN CORPORATION AND NOW, come the Defendants, Patrice Leonard, individually and doing business as The Right Cut, by and through her counsel, Jefferson J. Shipman, Esquire, and file the following Answer to New Matter in the nature if a Crossclaim of the Schoeneman Defendants: 39-40. The averment contained in Paragraphs 39 and 40 of Defendant, Schoeneman's Answer are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Patrice Leonard, individually and doing business as The Right Cut respectfully requests that judgment be entered in their favor and that any and all claims being asserted against them be dismissed with prejudice. Respectfully submitted, DUFFIE, STEWART & WEIDNER Jefferson J. Shipman,rEsgi I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Telephone: 717-761-4540 DATE: ? 3? :232133.1 /// VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. qJe n J. Shiprnan DATE: 7// 3 /0 CERTIFICATE OF SERVICE AND NOW, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Gregg Durlofsky, Esquire 111 west Germantown Pick Plymouth Meeting, PA 19462 Attorney for Plaintiff Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman DATE: ?/ 13/Di :229812.1++{ J710N, DUFFIE, STEWART & WEIDNER /I P. JVerson J. Shipman, 'Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, Leonard and The Right Cut 227504-1 ?-} N O - L- L ? M ?..._ 7C f IV ?? • J L\) LAW OFFICES OF GREGG DURLOFSKY BY: Gregg R. Durlofsky, Esquire Attorney I.D. 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Attorney for Plaintiff JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a NO. 04-1942 CIVIL The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 31. Denied, as a conclusion of law to which no response or pleading is required. 32. Denied, as a conclusion of law to which no response or pleading is required. 33. Denied, as a conclusion of law to which no response or pleading is required. 34. Denied, as a conclusion of law to which no response or pleading is required. 35. Denied, as a conclusion of law to which no response or pleading is required. 36. Denied, as a conclusion of law to which no response or pleading is required. 37. Denied, as a conclusion of law to which no response or pleading is required. 38. Denied, as a conclusion of law to which no response or pleading is required. WHEREFORE, Plaintiff request damages as set forth in her complaint. NEW MATTER PURSUANT TO Pa.R.C.P 2252(d) 39. The allegations of these paragraphs are directed at a party other than the answering party, and these allegations are therefore denied. 40. The allegations of these paragraphs are directed at a party other than the answering party, and these allegations are therefore denied. WHEREFORE, Plaintiff request damages as sex forth in her complaints. LAW OFFICES OF GREGG DURLOFSKY BY: R. DURLOFSKY, ESQUIRE for Plaintiff LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Attorney for Plaintiff JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a NO. 04-1942 CIVIL The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants CERTIFICATE OF SERVICE I, Gregg R. Durlofsky, hereby certify that I have fbrwarded a true and correct copy of Reply to Defendant's New Matter by first class mail, postage prepaid on the date shown below to the following interested counsel: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 Dated: -7 /) Z I b q C 7 rv.J G., y "Yi ]7 ` .9- Jefferson J. Shipman, Esquire I.D. #51785 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants, Leonard and Right Cut JUDITH PICKEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a THE RIGHT CUT, and : NO. 04-1942 CIVIL SCHOENEMAN BEAUTY SUPPLY and SCHOENEMAN BEAUTY SUPPLY, INC., Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVIICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Attorney for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate;: (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSOI"UFFIE, STEWART 8, WEIDNER Date: , d f $/UY. ,rerrer on Y snipman, Esquire Attor y II.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne„ PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF :SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the _ day of ?2C- (b ?e K , 2004, addressed as follows: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman JOHNSON, DUFFIE, STEWART 8, WEIDNER Bette on J. Shipman, Esquire Atto ey I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jefferson J. Shipman, Esquire I.D. #51785 Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants, Leonard and Right Cut JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a THE RIGHT CUT, and SCHOENEMAN BEAUTY SUPPLY and NO. 04-1942 CIVIL SCHOENEMAN BEAUTY SUPPLY, INC., Defendants JURY TRIAL DEMANDED TO: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Attorney for Plaintiff PLEASE TAKE NOTICE that Defendant intends to serve five subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSOI +UFFIE, STEWART & WEIDNER Date: GI/I/6Lt By: OVITson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the ;same in the certified postage prepaid, at Lemoyne, Pennsylvania, on the / ?Qmbtr- , 2004, addressed as follows: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman United States Mail, day of STEWARTA WEIDNER By: Jetfe(ton J. Shipman, Esq Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Judith Pickel, vs. Plaintiff File No. 04-1942 Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beauth Supply, Inc., Schoeneman Coporation and Schoenemen Beauty Supply, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Good Hoe Family Physicians (Name of Person or Entity) the following Within twenty documents (20) or days things: after any and service of this subprpoenam,c you are ordered by the court to produce all medical ---'--- at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Proth:lerk, Civi ivi ' DATE: " Seal of the C rt 7 Dep y (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Judith Pickel, Plaintiff vs. File No. 04-19.42 Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beauth Supply, Inc., Schoeneman Coporation and Schoenemen Beauty Supply, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Healthsnurh (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: an and all medical rAnnrric -_ You may deliver or mail legible copies of the documents oir produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: 1,5 / Seal OT the Cou Prothonotary/Clerk, Civil ivis' Deputy (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Judith Pickel, vs. Plaintiff File No. 04-1942 Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beauth Supply, Inc., Schoeneman Coporation and Schoenemen Beauty Supply, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical ro,. M, at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: C/ Seal cIf the Cou BY THE COURT: Prot onotary/Clerk, Civil Division Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA NT(0 LCUMBERLAND Judith Pickel, vs. Plaintiff File No. 04-1942 Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beauth Supply, Inc., Schoeneman Coporation and Schoenemen Beauty Supply, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Purge Family Chiropractic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and au mneii?. a .a __- at Johnson Duffle Stewart & Weidner 301 Market Stree P.O. Box '109. Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: BY THE COURT: Pro onotary/Clerk, Civi4Divisi DATE: -Seal he Co rt y Zee Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Judith Pickel, vs. Plaintiff File No. 04-1942 Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beauth Supply, Inc., Schoeneman Coporation and Schoenemen Beauty Supply, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records regarding Claim # 25 729 3001 pertaining to Judith Pickel SSN: 195-38-7593 DOB: 4/23/48 at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109. Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR DATE: ??[! Seal f the Cowt ProthonotarydClerk, Civil Droisio Deputy (Eff. 7/97) BY THE COURT: C) N ? ?... C1 ' n C'.. -_? r n - r? • f`J ' ? ?(.) ? ; rri r.? .. =? ?, Jefferson J. Shipman, Esquire I.D. #51785 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants, Leonard and Right Cut JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/bla THE RIGHT CUT, and NO. 04-1942 CIVIL SCHOENEMAN BEAUTY SUPPLY and SCHOENEMAN BEAUTY SUPPLY, INC., Defendants JURY TRIAL DEMANDED TO: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Attorney for Plaintiff Asa prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate;: (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DUFFIE, STEWART & WEIDNER n _ Jeff rsola Y Shipman, Esquire Att ney I.D. No. 51,785 30 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the J? i? day of 2006, addressed as follows: i' Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman JOHN DUFFIE, STEWART WEIDNER By: J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jefferson J. Shipman, Esquire I.D.#51785 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendants, Leonard and Right Cut JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a THE RIGHT CUT, and : NO. 04-1942 CIVIL SCHOENEMAN BEAUTY SUPPLY and : SCHOENEMAN BEAUTY SUPPLY, INC., Defendants JURY TRIAL DEMANDED TO: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Attorney for Plaintiff PLEASE TAKE NOTICE that Defendant intends to serve one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. CERTIFICATE OF SERVICE I HEREBY CERTIFY that l served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on they day of J 2006, addressed as follows: Gregg R. Durlofsky, Esquire 111 West Germantown Pike Plymouth Meeting, PA 19462 Gregory Cassamatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Attorneys for Defendant Schoeneman STEWART & WEIDNER By: Jefferfton J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DUFFIE, STEWART & WEIDNER A Date: i f q/ 0?0 By: Jefftson J. Shipman, Esquire Atto ney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Judith Pickel, Plaintiff vs. Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beaty Supply, Inc. Schoeneman Corporation and Schoeneman Beauty Supply, Defendants File No. 04-1942 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic SSN: 195.38-7598 at Johnson, Duffle, Stewart & Weidner _ 301 Market Street P.0, Box 109, Lemoyne PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne PA 17043 717-761-4540 51785 Defendants Leonard and The Right Cut BY THE COURT: Prothonotary/ r?c, Civil ivision Deputy DATE4-1L\ Al to Seal of the Court (Eff. 7/97) N !^) rn ?'i ? cs+ ? :? T -'. -;.r fil f_? ._ =? 4? i ? 'Yl ,_ 'l, ?= CV ??a -^- ?13 {,^. -<: LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Attorney for Plaintiff JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a NO. 04-1942 CIVIL The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Gregg R. Durlofsky, Esq., counsel for the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $35,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Gregory E. Cassimatis, Esquire Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. LAW OFFICE OF..GREGG DURLOFSKY By: ,?egg R. Durlofpky" e Attorney for,P1igintiff A LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Attorney for Plaintiff JUDITH PICKEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a : NO. 04-1942 CIVIL The Right Cut, THE RIGHT CUT; SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants CERTIFICATE OF SERVICE I, Gregg R. Durlofsky, hereby certify that on this date I served a true and correct copy of the foregoing Order and Petition, via facsimile and first class mail, postage prepaid to the following individuals at the following addresses: Jefferson J. Shipman, Esquire Gregory E. Cassimatis, Esquire 301 Market Street Rossmoyne Corporation Center P.O. Box 109 4999 Louise Drive, Suite 103 Lemoyne, PA 17043 Mechanicsburg, PA 17055 LAW OFFICES OF GREGG A. DVRLOFSKY Dated: 7/#i44 By: ?l regg R. Durlofsky,;'Esquire Attorney for Plai kiff 0 N ? am ?d s%r 4,, J-1 ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 JUDITH PICKEL, Plaintiff V. ATTORNEY FOR DEFENDANTS, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1942-CIVIL PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SCHOENEMAN: BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC. and SCHOENEMAN: CORPORATION Defendants : CIVIL ACTION - LAW DEFENDANTS', SHOENEMAN BEAUTY SUPPLY, SHOENEMAN BEAUTY SUPPLY,INC. AND SHOENEMAN CORPORATION MOTION FOR SUMMARY JUDGMENT AND NOW, comes Defendants, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation, by and through their counsel, Gregory E. Cassimatis Esquire and file this Motion for Summary Judgment Pursuant to Pa.R.C.P. 1035.2 and in support thereof aver as follows: Plaintiff, Judith Pickel, filed the current civil action on April 30, 2004 for damages for injuries resulting from a fall on May 14, 2002 at 5103 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "A". 2. At the time of the incident in question, Plaintiff was a business invitee of Defendant, Shoeneman Beauty Supply at their business located at 5103 Carlisle Pike in Mechanicsburg. 3. At the time of the incident, Co-Defendant, Patrice Leonard, individually and d/b/a The Right Cut, was also shopping at the store in question. 4. Plaintiff alleges that she was caused to trip and fall on a filled hand basket which was placed on the floor behind her by Defendant, Patrice Leonard. See Paragraph 13 of Plaintiff's Complaint. 5. Plaintiff was in line to pay for her merchandise and Co-Defendant, Patrice Leonard was in line behind her directly prior to this incident. See Paragraph 14 of Plaintiff's Complaint. 6. Plaintiff alleges that Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply (hereinafter referred to as the "moving Defendants") were negligent in failing to protect or warn its business invitees from dangerous conditions which were known or with reasonable inspection would have been known to them and failed to correct the dangerous condition presented by the hand basket. See Paragraphs 26 (a)-(c), 28 (a)-(c) and 30 (a) - (c) to Plaintiff's Complaint. 7. Paragraph 16(g), 24(d), 28(d) and 30(d) which allege negligence against all Defendants due to "any and all acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure" have been dismissed pursuant to a Stipulation which is attached hereto as Exhibit "B". 2 At the close of discovery, Plaintiff has presented no evidence that the moving Defendants had any prior knowledge of the placement of the hand basket on the floor by Co-Defendant, Patrice Leonard, shortly before Plaintiff's fall. 9. It is undisputed that the placement of the hand basket on the floor was made by Co-Defendant, Patrice Leonard. 10. Co-Defendant, Patrice Leonard testified that she was waiting in line to pay for her purchases shortly before this incident occurred and had placed her hand basket on the ground while she was standing next to it. 11. Plaintiff has offered no evidence to establish, that the moving Defendants had either actual or constructive notice of the hand basket on the floor prior to Plaintiff s fall. 12. Plaintiff, in fact, has testified that she does not know how long the basket which she fell over was in its place prior to her falling. 13. At the close of discovery, there is no evidence that the moving Defendants were negligent. 14. Pursuant to Pa.R.C.P. 1035.2, summary judgment is appropriate when there is no genuine issue of material fact, and the moving party is entitled to summary judgment as a matter of law. 3 WHEREFORE, Defendants, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation and respectfully request this Honorable Court grant their Motion for Summary Judgment Pursuant to Pa. R.C.P. 1035.2. Date: /O -S---c)6 By: Gregory assimatis, Esquire Attorney for Defendants, Shoeneman Beauty Supply, Shoeneman Beauty Supply, Inc. and Schoeneman Corporation 4 °a w °a a a U U 9 s f ' IIAW OFFICES OF GREGG DURW, " Y Greg R I)wkm ky, Esquire ,'itorney I.D. 66253 1 1 W. Genoautown Pace P ymouth Meedn, PA 194,62 Judith Pickel 42 Enola Street nola, PA 17025 VS. ,atrice Leonard individual'and /b/a The Right Cut 3 Lancaster Avenue inola, PA 17025 Right Cut Lancaster Avenue la, PA 17025 :hoeneman Beauty Supply, Tic. 03 Carlisle Pike Bcb8 cd=& Pennsylvania choeneman Corporation Beauty Supply Anomey for Phis ff Court of Common Pleas Cumberland County, Pennsylvania Civil Action: Law No. 0./ &? 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Patrice Leonard individual and d b/a The Right Cut , 3 Lancaster Avenue E cla, PA 17025 Tie Right Cut 3 Lancaster Avenue E ola, PA 17025 S homeman Beauty Supply, Inc. 5 03 Carlisle Pike w1mmcsburg, Permsylvam S enemas Corporation 5 03 Carlisle Pike =harricsburg, Pemsyivania S oenemaa Beauty Supply S 03 Carlisle Pike 'csbw& Pennsylvania I hereby Ccrti and Attest that this Is a True and Correct copy of (?.ompil?ti?filad / e Origina( Court PlkaintiflTs) V CIVIL ACTION : LAW N0. I. Plaintiff, Judith Pickel (hereafter Pkdntilf), -is an adult nanu$1 person residing at the address. 3. Defendant, Patrice Leonard i$ an individual d/b/a The Right Cut with a principle of business at the above referenced location, 4. Defendant, The Right Cut is corporation License and operating in the of Pemisylvama, with a principle location at the above mooned address. 5. Patrice Leonard was at all' times the employee, agent, and/or servant of Defendant The Cut. 6. In the alternative, Patrice Leonard at all times was acting on her own accord' and 7. Defendant, Schoenen= lAcauty Supplies, Inc is corp(marion and/or businal; and operating in the Commonwealth of Pemzyivania, with a lrinciple location at the above ioned address. 8. Def' ndaat, Schoeneman Corporation is'corporation license and operating iathe o0entt3syivania, with a principle location at the above captioned address. 9. Defeendan, Schoeneman Beauty Supplies is corpoja6:)n and/or business license ope mt W in the Commonwealth afPetnnsylvania, with a principle locabon at the above Toned address. 10. On or about ley 14, 2©02,-the Plaintiff was abusincros invitee of Defendant Beauty Supply, Inc. at Defendant Sehoenernan Beauty Supply Inc 's business at 5103 Carlisle Pie, Mechanicsburg, Pennsylvania 11. In the alterative on or about May 14, 2002, the Plairniff was a-businew invitee Schoeneman Corporation at Defendant Schoeneman Corporation's bvainess located 5103 Carlisle Pike, Mechanicsburg, Pennsylvania. 12. In the alternative on or about May 14, 2002, the Plaintiff was a business invitee of Schoeneman Beauty Supply at Defendant Schoeneman Beauty Supply's business at 5103 Carlisle Pike, Mechanicsburg, Pennsylvania (hereaftr "the business"). 13. While shopping in the business located at 5103 Carlisle Pike; Mechanicsburg, is plaintiff was caused to trip and fall on a filled hand basket which was placed on the behind her by Defendant Patrice Leonard. 14. Plaintiff was in line to pay for her merchandise and Patric. Leonard was in line behind directly prior to this incident. 15, Plaintiff sustaiaW physics injuries as a result of this incident as more fully described 16. The aforesaid incident and injuries sustained by the Mrriff were caused by the and negligence of Defendant Patrice Leonard which included: (a) placing the filled hand basket on the floor behind Plaintiff; (b) not notify* plaintff that she had placed the hand basket behind Plaintiff; (c) creating a tripping hazard; (d) placing the hand basket on the floor (e) failing to properly warn of dangerous conditions which were known or with reasonable inspection would have been known to Defendant Page Leonard; (f) fulling to cornett the dangerous condition presented by the hand basket; (g) any and all acts of negligence which may be discovered purmLu mt to the Pennsylvania Rules of Civil procedure. 17. This accident resulted solely from the negligence and recklessness crf the and was due in no mariner whatsoever to any act or Wa-e to act on the part of the 18. As a result of this incident, Plaintiff Judith Pickle has suffered injudos including iq*esy lumbar injuries, blood clots, hip contusions, and cut -to her hand and finger, some all of which are or may be-serious and permanent in nature, some or ail of which have caused and continue to cause her great pain and agony and have prevented her and pmbably in the will prevent her from attending to her daily occupational and social activities, all to her financial damage and loss, 19. By reason of the aforesaid incident, plaintiff was caused to suffer great-harm and permanent injuries to her body 20. Further, Plaintiff has been compelled to spend various- sums of money for medicine medical attention in and about endeavoring to treat and are her3elf of his injuries, 21, As a further result of this •accidmt, Plaintiff has or may suffer a severe loss of and impairment of earning capacity and powers; said loss of income and/or impairment of dug CaPacity. 22. As a further result of this accident P16nffyhas suffered severe physical pain and anguish and humiliation and may continue to suffer same fnr an indefinite period of time in WHEREFORE, PlauxtK Judith Nckel , demands damages From Defendant Patrice „ednard, individually and jointly and soevcially, in an aznofait in exce:as of Twenty-dive Thousand (525,000.00) Dollars, plus merest, delay-danriages, corm of suit, and Hach other resmedy as seen fit by this court. COUNT U : a3DIFS PlC>L v TAE MM 23, Plaintitff incorporates the allegations of COUnts 1-22 as if ;set forth hereaan at length. 24. The aforesaid incident and injuries sustained by the Plaintiff were caused by the carelessness and negligence of Defendant The Rightt. Cut, by and through its employees, agents and or servants which included; (a) ftffing to properly instruct' Patrice Leonard; (b) failing to tmm,pat= Leonard, (c) arty and all acts of negligeace performed by Patrice Leonard„ (d) any and all acts of negligence which may be discovered pursuant to the Pamsyi"nsa Rukcs 'of Civil Procedure. wEmRuom Plai is Judith Piokel, der= & damages from Defcndant The Right cut, individually and jointiy and severalty, in an =x nad in excess of Twenty Ame Thousand (5254008.00) Dollars, plus interest, delay rages, casts of east, and such other remedy as seen fit by this court. C,0 'III: JUM P' A Y SCE ENi AN BMM SUP`PLYJNC. 25. Pl :nf ff incorporates the allegations of Counts 1-22 as if set forth herein at length. 26. The aforesaid incident and iaPuies sustained by the Plaintiff were caused by the carelessness and negligeme of Defendant Schoeaernan Beauty Supple, Inc. by and through its employees„ agents and or servants which included: (a) failing to protect its business invitees from dangerous conditions which were known or with reesorgNe inspection would have been known to Defendant Schoeneman Beauty Supply, Inc., (b) failing to properly'warn of dangerous conditions which were known or with reasonable inspection would have been known to Defendant Schoenema n Beauit Supply, Tic; (c) failing to correct the dangerous condition prom ted by the hand basket; (d) any and all acts of negligence which may be discovered pur-suant to the Pennsylvania. Rules of Civil. Procedure, BV MREFORE, Plimti$ Judith'Pickel, demands damages fi-om Defendant Schoenen Beauty Supply, Inc., individually and jointly -and severally, in an amount in excess of Twenty--Five Thousand (525,800.00) Dollars, plus interest, delay damages, costs of suit, and such other remedy as sees fit by this court. COUNT ]U• JUDUR 2&-UXL V. SCB DENEMAN C R?J"N 27. Plaintiff incorporates the allegations of Counts 1-22 as if set forth bovin ai length. 28. The aforesaid incident and *u es ,sustained by the Plai viff were caused by the carelessness and negligence of Defendant Schoeneman Corporation by and tkrmugh its employees, agents and or servants which included: (a) fading to protect its business invitees fram dangerous conditions which were known or with reasonable inspection woWd Gave been known to Defendant Schoeh man Corporation, Inc; (b) filing to properly warn of dangerous conditions which were known or with reasonable-inspe ion would have been lorown to Defe=i nt 5choestem$n Corporation, Inc; (c) failing to correct the dangerous condition prezented by the hand basket; (d) any and all acts of negfigmce which may be discovered pursuant to the Pemnsylvania Rides of Civil Procedure. 'WHEREFORE, Plaintiff Judith Picket, demands damages from Dc&ndant Schoeneman Corporation, individually and jointly and severally, in an amount in excess of Twenty-Five Thousand (525,000.00) Dollars, plus interest, delay damages, costs of suit., and such other remedy as seen fit by this court. COUNT IM JUM-H PICKEL V. SCSUE ' 1 KANXEAUTY 11"i 29. Plaintiff incorporates the.dieptions ofC^nM 1.22 as if'sm forth here at length. 30. The aforesaid-ineidcm and injuries sustained by tlx Plaintiff were caused by the carelessness and negbgemce of Defendant Schoeneman Beauty Supply by and tough its employees, agents and or servants which included: (a) failing to protect its business- invitees $Om dangerous conditions which were imown or with reasonable inspection would have been known to Defendant Schoeneman Beauty Supply, (b) failixrg to properly >k?df du gerous- conditions which-were known or with reascable inspection would have been known to Defendant Sc *meman Beauty,Sarpply, (c) . filling to correct the dangerous condition presented by the band basket, (d) airy and all acts"of n4ligence which maybe discovered pursuant to the Pennsylvania Rules of CiA Procedure. WHEREFORE, PWrAn Judith Pickel, demands damages 5•om Ddie! nt Schoeneman E?eauty Supply, irAvidusAy and jointly, aand severally, in am amount in. excess of I?verrty Five ,. }tausand ($25,000.08) Dollars, plus itneres may damages, vests cif suit, and such tamed 0. seen $t by this court. 7 LAW t FFJ Gr DURWI FSKY BY: G DURIAFSKY, ESQUM Cm- marnown Pike th MeeCing, Pa 19462 YIO)78344-9483 Attorney for Phantiffs 1 Wit/ I Lan" having read: the foregoing the statements contained therm are true and comxt to•the best of ray personal knowledge; inform-afi u? and bd W swemeat and,'v+erification'is made subject to the penalties of 18 Pa C.S.A. §4904 rchding sworn falsification to authorities, wb& provides that should I maker known, fuse R%IM n a s I may be subject to cr mkW. penalties. Dared: yi ?o boy ?. r S ,,, ?? ? ???f 1? i I w °a w a a U U 2 *19 s 5 JUDITH PICKEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1942-CIVIL PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SHOENEMAN BEAUTY SUPPLY AND SHOENEMAN BEAUTY SUPPLY, INC. Defendants : CIVIL ACTION - LAW STIPULATION TO WITHDRAW PARAGRAPHS 16(0, 24(d), 26(d), 28(d), and 30(d) FROM PLAINTIFF'S COMPLAINT It is hereby stipulated and agreed between Gregg R. Durlofsky„ Esquire, counsel for Plaintiff, Jefferson J. Shipman, counsel for Defendants, Patrice Leonard, individually and d/b/a The Right Cut and Gregory E. Cassimatis, Esquire, counsel for Defendants, Shoeneman Beauty Supply, Inc. and Shoeneman Beauty Supply that Paragraphs 16(g), 24fd), 26(d), 2.8(d), and 30(d) be stricken from Plaintiff's Complaint. Date: s 1;:5 iv-; Gregg R-Durlofsky, Esquire CounseVfor Plaintiff Date:' Gregory , Kt-assimatis, Esquire Counsel for Defendants, Shoeneman Beauty Supply and Shoeneman Beauty Supply, Inc. Date: ?- l JAfe&n J. Shipman, Esquire ounsel for Defendant, Patrice Leonard, Individually and d/b/a The Right Cut N CERTIFICATE OF SERVICE AND NOW, this ?? day of Oc-64 er- , 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply, hereby certify that I served a copy of the within Motion for Summary Judgment on this date by fax and by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Law Offices of Gregg Durlofsky Gregg Durlofsky, Esquire 111 W. Germantown Pike Plymouth Meeting, PA 19462 Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 By: _ - A/. ?-? G ego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 c7l C 7 } r l c4l PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Judith Pickel, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (Plaintiff) VS. Patrice Leonard, Individually and d/b/a The Right Cut and Schoeneman Beauty Supply, Schoeneman Beauty''Supply, Inc. and Schoeneman Corporation (Defendant) No. 04-1942 Civil 2004 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants', Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply?Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Greg Durlof sky, Esquire Address: 111 West Germantown Pike Plymouth Meeting, PA:'19462 (b) for defendant: Schoeneman Gregory E. Cassimatis Add;ess Co-Defendant's Counsel: Jefferson'Shipman, Esquire 4999 Louise Drive, Suite 103 301 Market Street Mechanicsburg, PA 17055 P.O. Box pp109 3. I will notify all parties in writing within two days of iat' s1704 a bas9 been listed for argument. 4. Argument Court Date: October 25, 2006 mated: in-C,-nr Attorney Defendants, Schoeneman CERTIFICATE OF SERVICE AND NOW, this day of 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply, hereby certify that I served a copy of the within Praecipe for Listing Case for Argument on this date by fax and by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Law Offices of Gregg Durlofsky Gregg Durlofsky, Esquire 111 W. Germantown Pike Plymouth Meeting, PA 19462 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 ,17 hi4r,,7 2 By: < Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 C.ti r'1 - t" Yl L' 41_x 1 LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Attorney for Plaintiff JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW RA.TPdCE LEONARD, individual and d/b/a NO. 04-1942 CIVIL The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants ORDER OF COURT AND NOW 1 , 2006, in consideration of the foregoing petition, (J}t ? ? "I&V ,Esq., f01LkA1Q1, I--? 6aAaA-`, Esq., and Esq., are appointed arbitrators in the above- captioned action (or actions) as prayed for. e ourt, )C. -, P.J. .+ U LS..+ C ) LIJ C..i? -, Ll- ? * C) n C-4 J ? f ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation JUDITH PICKEL, Plaintiff PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SCHOENEMAN: BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC. and SCHOENEMAN: CORPORATION V. : NO. 04-1942-CIVIL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE TO FILE DEPOSITION TRANSCRIPTS TO THE PROTHONOTARY: Please file of record the attached three deposition transcripts of Plaintiff, Judith Pickel, Defendant, Patrice Leonard and Ellen Shook in regard to the above matter. Date: /d /0-0?' By: Gregory V.assimatis, Esquire Attorney efendants, Shoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation .. A e . --u CERTIFICATE OF SERVICE AND NOW, this 1A day of 041, , 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply, hereby certify that I served a copy of the within Praecipe to File Deposition Transcripts on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Law Offices of Gregg Durlofsky Gregg Durlofsky, Esquire 111 W. Germantown Pike Plymouth Meeting, PA 19462 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 By: - AIZ.0'_ Xe??? Greg . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 r ?' 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 3 JUDITH PICKEL, CIVIL ACTION - LAW Plaintiff 4 V. No. 04-1942 CIVIL 5 6 PATRICE LEONARD, individually and d/b/a THE RIGHT CUT, and 7 SCHOENEMAN BEAUTY SUPPLY and SCHOENEMAN BEAUTY SUPPLY, INC.,: 8 Defendants JURY TRIAL DEMANDED 9 7.0 11 Oral Deposition of 12 JUDITH ANN PICKEL 13 14 DATE: Friday, April 15, 2005 16 TIME: 3:22 p.m. 17 PLACE: Offices of Johnson Duffie 18 301 Market Street Lemoyne, Pennsylvania 19 TAKEN BY: Defendant 20 21 22 23 APEX REPORTING SERVICE By: Sharon L. Dougherty 24 P. 0. Box 6265 Harrisburg, PA 17112-0265 25 717-545-3553 2 1 2 3 4 5 6 7 8 9 10 11 12 } 13 14 16 17 18 19 20 21 22 23 24 N' 25 APPEARANCES: For the Plaintiff: TODD B. NURICK, ESQUIRE 111 West Germantown Pike Plymouth Meeting, PA 19462 For Defendant Schoeneman Beauty Supply and Schoeneman Beauty Supply, Inc.: GREGORY CASSAMATIS, ESQUIRE Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 For Defendant Patrice Leonard: JEFFERSON J. SHIPMAN, ESQUIRE JOHNSON DUFFIE 3 el . Market Et-re-et P. O. Box 109 Lemoyne, PA 17043-0109 I?Also present: . Richard Pickel Witness JUDITH ANN PICKEL Mr. Shipman Mr. Cassamatis. I N D E X Paste No. 3 47 Exhibits Marked No. 1 (Accident Report) 54 APEX Reporting Service x 3 1 PROCEEDINGS z 3 STIPULATION 4 (It is hereby stipulated by and between s counsel for the respective parties that sealing, 6 certifying, and filing are hereby waived, and that all 7 objections, except to the form of the question, are e reserved to the time of trial.) 9 10 JUDITH ANN PICKEL, 11 having been sworn, was examined and testified as 12 follows: 13 EXAMINATION 14 BY MR. SHIPMAN: 15 Q Good afternoon. 16 A Good afternoon. 17 Q Mrs. Pickel, my name is Jeff Shipman. 1e I am an attorney here in Lemoyne, Pennsylvania. I 19 represent Patrice Leonard in a lawsuit that has been 20 filed against her and Schoeneman Salon in Camp Hill. 21 The purpose for our meeting here today at 22 my office is for me to have an opportunity to meet you 2 -and to ybtII3'om qazsftlf3 &O1Tttw =. 24 As can you see, there is a court reporter 25 here and she's transcribing what I say and what you say APEX Reporting Service 4 1 during the course of this deposition. 2 A Okay. 3 Q So it's important for to you listen to the 4 questions that I have for you today and then give a s verbal, spoken response to any questions. Okay? 6 A Uh-huh. 7 Q That means that you need to say yes, no, e or whatever answer it is because it's hard for her to 9 take a nod of the head or uh-huh or huh-uh. Okay? 10 A Yes. 11 Q Also, if for any reason you don't 12 understand a question that I have for you, would you 13 please let me know that and I will be happy to ask the 14 question again or rephrase the question so that you do 15 understand it and then you can give a response. 16 A Okay. 17 Q If you do respond, I will assume that you is have both heard and understood the question that I have 19 for you. Okay? 20 A Okay. 21 Q Also if for any reason you want to take a 22 break to speak to your attorney, or for any other 23 reason, whatever it might be, just let me know that and 24 I will be happy to accommodate you. Okay? 25 A Okay. APEX Reporting Service 5 1 Q I would like to start by getting a little 2 bit of background information about you first. 3 You are married. 4 A Yes. s Q What is your husband's name? 6 A Richard David Pickel. 7 Q When were you married to Mr. Pickel? a A We were married July 16th, 1966. 9 Q Your current age and date of birth, 1o please? 11 A I am 56 years old. My date of birth is 12 4/23/48. 13 Q Your current address? 14 A 742 Valley Street, Enola, Pennsylvania 1s 17025. 16 Q Do you have any children, Mrs. Pickel? 17 A Yes, we do. 1e Q How many children do you have? 19 A Two. 20 Q What are their names? 21 A Richard David Pickel, Jr. and Jennifer -- 22 I'm a little nervous -- Jennifer Lynn Krouse is her narneirow. 24 Q They live outside of the home? 25 A Yes. APEX Reporting Service 6 1 Q They live in the area? 2 A Richard lives in Mechanicsburg, and 3 Jennifer lives in New Cumberland. 4 Q Are you employed currently? s A No. 6 Q When were you last employed? 7 A 1995. a Q What did you do at that time 9 A I had a beauty salon. 10 Q What was the name of your salon? 11 A Judy's Beauty Shoppe, S-H-O-P-P-E. 12 Q Where was that located? 13 A In my home. 14 Q On Valley Street? 1s A Yes. 16 Q You haven't been employed in any fashion 17 since that time, 1995? 18 A No. 19 Q Is your husband employed? 20 A He is retired. 21 Q From where? 22 A DuPont. 23 Q Can I ask a little bit about your 24 educational background? 25 A Uh-huh. APEX Reporting Service 1 7 9 1 Q Where did you go to high school? 2 A I went to Cedar Cliff High School, but 1 3 didn't graduate. I went in 11th grade. 4 Q You do have your GED? You did obtain your s GED? 6 A I took my GED, but I missed it by 7 six-tenths of a point, and I went to beauty school. 8 Q Where did you go to beauty school? 9 A Harrisburg School of Beauty Culture. 10 Q When did you finish that? 11 A Oh, gee, about 38 years ago. 12 Q Have you been in the beauty salon business 13 for that period of time generally? 14 A Off and on. 15 Q Children would have intervened a little 16 bit with that, I imagine. 17 A Yes, I stopped for awhile so that I could 18 raise my children. 19 Q Mrs. Pickel, have you been a party to a 20 civil lawsuit other than in this case? 21 A No. 22 Q Ever you been a party to a civil claim for z 3 p sr onaY i j?uies b-efbre? 24 A No. 25 Q Have you ever filed any kind of Workers' APEX Reporting Service 1 Compensation claim? 8 z A No. 3 Q Have you ever received any type of 4 disability payments? s A No. 6 Q Have you ever been involved in any 7 automobile accidents? 8 A That I was hurt? 9 Q Yes. 10 A No. 11 Q Other than this fall in this case, have 12 you been involved in other falls with any injuries? 23 A No. 14 Q Ever been to the doctor for a fall before 15 or after this accident for any treatment, any injury 16 you sustained as the result of a fall? 17 A No. 18 Q Let me turn your attention to this 19 accident. This accident happened on May 14th, 2002. 20 I believe that is the date. 21 A Uh-huh. 22 Q Do you remember what day of the week it 23 was, Mrs . Pickel? 24 A Not offhand, I don't, no. 2S Q Had you been to the particular place of APEX Reporting Service 1 business before this accident? 2 A Have I been to Schoeneman's? 3 Q Yes. 4 A Many times. s Q Is there any way of estimating that for 6 me? 7 A Well, I bought my shop equipment from 8 them. 9 Q So you were -- 10 A I was in their supply house before they 11 moved where they are now, when they were in the, old 12 building. So that was -- my goodness, I don't know 13 exactly how many years, but it was a few years that I 14 have gone up there. 15 Q So you are very familiar with the place. 16 A Oh, yeah. 17 Q Do you recall what time of day you went to i9 Schoeneman's? 19 A It was 1:30, quarter of two, around in 20 there. 1 Q Do you wear glasses? 2 A I do. I only need them to drive. s Q You--don't have =tact lenses9- 4 A No. s Q You do have glasses that you wear to APEX Reporting Service 10 1 drive? 2 A Yes. 3 Q How long have you needed glasses to drive? 4 A Since I was 21. s Q Is that a restriction on your driver's 6 license, that you need to wear glasses? 7 A Yes. e Q Do you have an eye doctor or optician that 9 you see? 10 A Dr. Daily. 11 Q Dr. Daily, D-A-I-L-Y? 12 A Yes. 13 Q Where is Dr. Daily's office located? 14 A He is over by Blue Shield. 15 Q How long has he been your eye doctor? 16 A For probably about five or six years. 17 Q Did you have a eye doctor before 18 Dr. Daily? 19 A I would go to like, you know, the mall 20 places, eye doctors at the mall, but I like Dr. Daily. 21 Q Do you have a family physician? 22 A Yes, I do. 23 Q Who is that? 24 A Dr. Denise Harr. 25 Q H-A-R-R? APEX Reporting Service 11 i A H-A-R-R. 2 Q How long has Dr. Harr been your family 3 physician, approximately? 4 A Approximately six, seven years. s Q Is that the Good Hope Family -- 6 A Yes, it is. 7 Q Who was your family doctor before Good e Hope and Dr. Harr? 9 A Dr. James Blacksmith, but I don't believe io he's a doctor any more. I really don't know where he ii is at. 12 Q Where was his practice located? 13 A It was up here behind the municipal 14 building in Lemoyne, right up here. 15 Q Do you know how long you had been seen by 16 Dr. Blacksmith? 17 A Well, we took our children there when they is were -- our daughter especially when she was a baby and ig she is 28 now. 20 Q Pretty long time? 21 A Yeah. 22 Q Back to this accident. You went to ta-Schoeneman's between i-3fl and 2 O , you said? 24 A Uh-huh. 25 Q Were you with anybody in particular or did APEX Reporting Service 12 1 you go there by yourself? 2 A I went by myself. 3 Q What was the purpose for going to 4 Schoeneman's that day? s A Well, I had to buy a couple -- a few 6 supplies. 7 Q Do you know what you actually purchased s there? 9 A Nail polish, and I believe I bought a io bottle of color. u Q When you arrived there, tell me what you 12 did as you came into the store? Just tell me initially 13 what you did. You came in, did you instantly go and 14 get your polish and bottle of color or did you talk to is some of the employees or customers? 16 A Well, normally when you walk in, the sales 17 girls are at the counter, and Ellen was at the counter ig on the left of me, that counter as you walk in the i g door. 20 Q Okay. 21 A She said hello Judy. I said, hi, Ellen, 22 and I proceeded to go and get what I needed, and I 23 looked around to see if there was anything else I 24 wanted. I walked up to pay for my items. 25 Q Okay. APEX Reporting Service 13 1 A Nobodv was at the counter. I went to the 2 counter and Ellen waited on me. I saw a few other 3 people in the store. I paid for my items, and when I 4 turned around I tripped over a basket that was behind s me. I fell. I hit the floor. I hurt my hip, back, 6 and my leg, I was bleeding from my right finger and my 7 hand. Ellen asked me if I was okay, and I told her a that I was okay. She helped me up. She asked me if I 9 wanted an ambulance, and I told her no. io She -- but I said my hand needed taken ii care of. So she took me in the back and I had to sign 12 an accident report, and she fixed my finger and my 13 hand, and I left the store. 14 I limped out of the store, walked the best 15 I could to my car. As I was getting in my car, the 16 person that had sat the basket down said something to 17 me. I don't know what she said, and got in her -- ie MR. NURICK: Can we stop here for a second 19 because I lost track of the question. 20 BY MR. SHIPMAN: - 21 Q I will go back. I was going to stop you 22 but you kept going, you kept talking. So I will go back over-this in more detail, but I would just like_ 24 you --just a little bit further. 25 Are you now in your car? APEX Reporting Service 14 i A No. I got in my car. 2 Q Okay. You said that the person that -- 3 whose basket you tripped over? 4 A Said something tome, and as I was coming s around and got into my car, I don't know what it was. 6 I got into my car and I left and went home. 7 Q I want to go back over your events in the a store in a little more detail. 9 A Okay. io Q You were going there to buy some color and ii some nail polish. You went in the store and you had - 12 it sounds like a conversation with Ellen who was at one 13 of the registers initially, said hello to her. She 14 said hello to you, and you said hello to her, and then is from that point did you then walk into the aisles 16 themselves where the product is and find your polish 17 and your color? ie A Yes. 19 Q Up to this point, did you really talk to 20 anybody else? 21 A Not then, no. 22 Q Did you get the polish and the color? 23 A Yes. 24 Q Did you have a basket or did you need 25 anything -- APEX Reporting Service 15 11 17 1 A No. 2 Q -- to put the items -- 3 A What I got I could carry in my hand. 4 Q Do you remember there being other s customers in the store? 6 A Yes. 7 Q Do you have any idea how many other 8 customers that may have been there? 9 A I am saying -- there was a man. I know io that, and there was Ms. Leonard. 11 Q Okay. 12 A And there was another woman. 13 Q These are other customers you remember 19 being in the store at the time. is A Yeah, because I was -- as I was going down 16 some aisles and I was looking around to see that I 17 didn't forget anything. 18 Q Okay. 19 A If there was anything else I needed. zo Q So you got the items that you wanted and 21 you found them okay, and then is it your testimony that 22 you went up to the register to pay for them? Y3 _ A Right. 24 Q That is the first time you went up there, 2s right? APEX Reporting Service 16 1 A There was nobody else but me. z Q Is this the register that Ellen had been 3 at previously? 4 A Yes. s Q Now, we are learning here. There were two 6 registers in this store? 7 A Right, one -- 8 Q As you come into the store, one is on the 9 left? 10 A Uh-huh. 11 Q And then there is another one I guess as 12 you come in on the right? 13 A Yes. 14 Q Was it the register to your left that you 15 went to pay or initially there was nobody there at the 16 register you went to first? 17 A Yes, that is the one I paid at. is Q But I mean when you first went up there 19 and there was nobody there. 20 A I meant that nobody was there to pay. 21 Q Okay. 22 A After I went up to pay, there were people 23 behind me, people came behind me. 24 Q When you went up there to pay, and there 25 was nobody there, did you then stay there and wait for APEX Reporting Service i Ellen to come to check you out? z A Right. 3 Q Then did other people -- were there other 4 people behind you then? s A Yes. 6 Q At any point in time up to this point, 7 just before you are paying, were you having a e conversation at all with my client, Ms. Leonard? 9 A Actually, she was having a conversation 1o with pretty much everybody. 11 Q Including you? 12 A She had said some -- she had talked, but 13 she was pretty much talking to everybody. 14 Q About what? 15 A Not just specifically to me. 16 Q Do you know what she was talking to people 17 about? 18 A I really don't remember what she was 19 talking about, but I know she was talking. 20 Q So Ellen comes up to the register then. 21 You stayed there at the register and waited for her. 22 A Yes, I did. Q You -didn't go and walk around at all. 24 A No. 25 Q Then Ellen came and you paid for these two APEX Reporting Service 18 1 items; is that right? z A Yes. 3 Q After you paid for those items, do you 9 have a recollection of having a conversation with my s client at all? 6 A No. 7 Q After you paid for these items, what was e your intention? 9 A To leave. 10 Q Tell me how you did that. 11 A I turned around, I took a step, and I fell 12 right over a basket. 13 Q I need to know from you specifically how 19 you left the counter area. When you say you took a 15 step, did you take a step backwards -- 16 A No. 17 Q -- and then turned? 18 A I turned, I took a step, and I fell. 19 Q Were you turning and taking a step to your 20 left or to your right? 21 A I turned, I took a step with my right foot 22 and down I went. 23 Q Let me place you at the register. You are 24 facing the counter. Were you facing the counter as you 25 paid? APEX Reporting Service 1g 21 1 A Yes, I was. 2 Q Did she place the items in a bag? 3 A Yes, she did. 4 Q Was it a plastic bag or paper bag? s A I believe they give you paper, paper bags. 6 Q So she placed the items in the paper bag. 7 A Right. a Q Gave them -- 9 A Yes. 10 Q -- to you and at that point you told me i i that you turned. 12 A Yes, I did. 13 Q Which way did you turn? 14 A I turned to -- the counter was here. 15 I was here. I turned this way to the right. 16 Q To the right or to the left? 17 MR. NURICK: This is counter clockwise. 18 So it would be to the left. Take your time. Your are 19 facing the c ounter. Did you turn counter clock wise 20 towards the door? 21 THE WITNESS: Yes, I turned towards the 22 door. -2 s -BY MR. -HIPMAId: _ 24 Q Do you know if that was to your left or to 25 your right? APEX Reporting Service 20 1 A The door was to my right. 2 Q. So you turned to your right. 3 A Yes. 4 Q And you took a step? s A Right. Yes. 6 Q Where were you looking when you took your 7 step? s A I was watching where I was going. 9 I turned -- 1o MR. NURICK: I think she is confused 11 because she is indicating she turned one direction and 12 she is saying she turned another direction. 13 If this table that you are sitting at is 14 the counter, can you point to the direction where the 1s door was? 16 THE WITNESS: You mean, this is the 17 counter right here? 18 MR. NURICK: This is the counter right in 19 front of you, can you point to the direction of the 20 door? 21 THE WITNESS: Yeah. The door was over 22 here. 23 MR. NURICK: Can you point with your ha 24 as if we are standing at the counter right now. Which 25 way is the door? APEX Reporting Service 1 THE WITNESS: Right here. 2 MR. NURICK: Point as if we are at the 3 counter in this room. Can you point to which direction 4 the door was at with your hand, like if we were s actually here. 6 THE WITNESS: (Indicating.) MR. NURICK: Okay. That would be your e left you are indicating. What Counsel is asking you, 9 is which direction did you turn towards? 10 THE WITNESS: Oh. 11 MR. NURICK: Did you turn towards the 12 door? 13 THE WITNESS: Yes. 14 MR. NURICK: So you are indicating you 15 turned towards the door which you are indicated is to 16 your left. 17 THE WITNESS: This is my left hand. 1e You are right. 19 BYMR. SHIPMAN: 20 Q Do you believe you turned to your left to 21 exit the store? 22 A Yes, to go out the door. s Q _ As yotr are turning, where were you 124 looking? 25 A I was -- let me think a minute. When I APEX Reporting Service 22 1 turned away from the counter, I was going towards the 2 door. So I was looking towards the door. 3 Q Did you take a step? 4 A I took a step, yes, to go out the door, s and the basket was right there and, in fact, it was 6 right by my foot and I tripped. 7 Q Which foot came into contact with this e basket? 9 A It was my -- let me think a minute. io Actually, it would have been my left foot because it ii through. -- I fell down and when I hit I fell on my 12 right side. 13 Q So you believe it was your left foot that 14 came into contact with the basket; is that right? 1s A Yeah. 16 Q Did you look to the ground where you were 17 stepping as you turned and took this step or were you 1e looking somewhere else? 19 A No, I looked down and I stepped and bam, 2o down I went. 21 Q Did you see the basket before you stepped? 22 A Actually, I didn't see the basket. 23 Q Why is that? 24 A Well, because the basket was here. 25 I stepped, and bam, I went down. The basket didn't APEX Reporting Service t 23 i even move. 2 Q It stayed in its position? 3 A Stayed in its place. 4 Q Didn't topple over at all? s A No. 6 Q Was there items in the basket? 7 A Yes. e Q Was this an orange basket that they have 9 in the store for customers? 10 A To tell you the truth, when I hit the ii floor, I wasn't paying attention what color the basket 12 was. 13 Q Fair enough. 14 Ma'am, do you know as you sit here that is the store has orange baskets for the customers to use? 16 A They also have carts. - 17 Q Do they also have orange, bright orange 18 baskets that are there? 19 A Yes, I -- yes, I've seen baskets. 20 Q Have you ever used the baskets? 21 A No, I always use the carts. 22 Q But you've seen customers with these 2-3 -orange baskets. 24 A Yes. 25 Q At this store. APEX Reporting Service 25 1 A Not really until I heard her talk. 2 Q So you did see her in line. 3 A Uh-huh, then I looked and she was behind 4 me. s Q With the basket on the floor. 6 A No. I don't know where her basket was at 7 that ti me. I didn't see it in her arm. I didn't know. s Q You didn't see her place the basket on the 9 floor? 10 A No, I didn't. 11 Q It's your testimony you didn't see it 12 before -- 13 A No, that is not true. I past her in the 14 store and she -- her and I said hello to each other. 15 This was when I was shopping, and she had a basket. 16 Q Do you have a recollection of paying for 17 your items and then going back to make sure you didn't 18 miss anything, there was something else you wanted? 19 A No. 20 Q Is it possible that you paid for those few 21 items but then went back into the aisles to check for 22 something else? s A_ No. 24 Q But earlier in your deposition I seem to 2 s remember you saying that you were walking through the 24 1 A Carrying baskets on their arms. 2 Q Have you seen customers put the baskets 3 next to them as they are waiting in line to pay. 4 A Not normally. s Q Have you seen that before? 6 A Not normally. 7 Q But ma'am, my question is, in the many e years that you have been there, have you seen customers 9 place baskets on the floor as they are waiting in line i o to pay? 11 A Yes, I have seen a few. 12 Q You are aware, as you were standing there 13 waiting to pay, that there were customers immediately 14 behind you waiting to come through the line. 15 A Yes. 16 Q Did you see the customers with those 17 baskets? 1e A No. 19 Q You did not. 20 A Just Ms. Leonard. 21 Q You did see her with her basket. 22 A Yes, I did, and the reason I saw her was I 23 saw her in the store with a basket. 24 Q Did you know that she was immediately in 2 s the area where you were when you were paying? APEX Reporting Service APEX Reporting Service 26 1 aisles to see if there was something else you were 2 missing. 3 A That was when I first got in the store. 4 I went and picked my nail polish up which is around the s corner. I went and got my color, and I went in some 6 other aisles , and that is when I saw Ms. Leonard in one 7 of the aisles and she was carrying a basket. a Q Did you have a conversation with her? 9 A I said hello. 10 Q Do you remember asking her about whether 11 she owns a salon and where her salon was? 12 A No. 13 Q No, you did not have a conversation -- 14 A No. 15 Q -- like that with her? 16 A No, I did not. 17 Q Was the area at the front of the store 1s well lit? 19 A Yes. I would say so, yes. 20 Q Was it a sunny day out? 21 A- Yes, I would say. 22 Q Am I correct that the front of the store 23 is a glass front store? 24 A Yes. 25 Q All glass with natural light coming in? APEX Reporting Service 27 1 A (Nods.) 2 Q Were there also lights in the ceiling? 3 A Yes. 4 Q How would Ms. Leonard's basket get s immediately behind you if you were -- you had paid and 6 she was waiting in line somewhere. How could her 7 basket get immediately behind you? 8 A Well, she must have sat it there. The 9 basket was sitting there behind me and I noticed her io off to the right because she was talking and her basket 11 was over here behind me, and she was talking to Ellen, 12 I believe. 13 Q You didn't see her place the basket there. 14 A I was paying for my items. is Q Did you see her? 16 A I wasn't paying attention. 17 MR. NURICK: That has been testified to at le this point. 19 BY MR. SHIPMAN: 20 Q You didn't see her place it there? 21 MR. NURICK: That is what I am saying, she 22 has testified to that. 23 _ MR. SHT11MA1,T-. Thatisfine. 24 BY MR. SHIPMAN: 25 Q Mrs. Pickel -- APEX Reporting Service 28 1 A Yes. Q -- it's your testimony that your Left foot 3 came into contact with this basket? 4 A Yes. s Q And you fell onto your right side? 6 A Yes. 7 Q Do you remember what kind of shoes you 8 were wearing? 9 A I was wearing black flat shoes. They had 10 like a little heel on them. 11 Q Do you have a recollection of your foot 12 coming into contact with the basket? 13 A Yes, because I tripped, like tripped and 14 boom, down I went. My foot hit it and down I went. is Q Did you land on your right hand, your 16 right side? 17 A Yes, I did. 18 Q Tell me again what parts of your body came 19 into contact with the floor. 20 A My back, my hip, and my right leg. 21 Q At any point in time did you -- 22 A And my hand. 23 Q I'm sorry. Your right hand? 24 A Uh-huh. 25 Q At any point in time did you come into APEX Reporting Service 29 1 contact with the door? 2 A No, I did not. 3 Q What happened after you fell? Did you 4 stay on the floor for a period of time? Did you try to s get up? 6 A Ellen, and I believe it was Debby, the 7 manager, came over and helped me up, and Ellen took me 8 in the back room and administered first aid. 9 Q What did she do for you? to A She put medicated cream on my finger and ii on my hand, and put a bandage on it. 12 Q Do you remember saying after the accident 13 that you were fine or you were okay? 14 A All I wanted to do was get home. I said I is am okay. I just want to go home. 16 Q Did Ms. Leonard say anything to you in the 17 store? 18 MR. NURICK: At what point? 19 BY MR. SHIPMAN: 20 Q After the fall, was there any conversation 21 with her after the fall other than when you were out at 22 your car, in the store itself, right after you fell? 2-3 A I believe she asked -me if I was okay. 24 Q Anything else? 2s A No. APEX Reporting Service 30 1 Q Did you say anything to her? 2 A No. 3 Q When she asked if you were okay, did you 4 say anything to her? s A No. 6 Q Did you say anything to her about the 7 basket, like why was the basket there or anything like 9 that? 9 A No. to Q Why not? 11 A She knew it was her basket. 12 Q You didn't feel -- 13 A Why did I have to say anything about it. 14 Q So there was no conversation with her is about the basket? 16 A No. 17 Q There was no -- did you say anything to 18 the Schoeneman people, Ellen or Debby about the basket, 19 anything like that? 20 A I don't believe I did, no. Although Debby 21 called me the next day to see how I was. 22 Q What did she say to you? 23 A She wanted to know how I was, and I told 24 her I'm not doing so well and that I had a doctor 25 appointment that day. APEX Reporting Service 31 1 Q What was your problem? What was the 2 difficulty you were having? 3 A Well, I couldn't walk, and my back was so 4 bad, I just couldn't hardly walk. s Q What doctor did you go to? 6 A Good Hope Family Physicians. 7 Q What were your complaints to them? e A I had told them that I had fallen and that 9 I hurt my back, and my hip, and my leg. 10 Q What did they do for you? 11 A Gave me some medication to take, pain 12 medication. 13 Q Did that help at all? 14 A Not really. 15 Q Mrs. Pickel, I would like for you to list 16 for me all of the injuries that you claim you sustained 17 as a result of this fall. Start at your head and work 1e down, please. 19 A Uh-hum. 20 MR: NURICK: Take your time. 21 THE WITNESS: Excuse me a minute. 22 (Discussion of the record.) 23 BYMR. -SHIPMAN 24 Q List your injuries for me. 25 A My back, my lower back. Well; at the tin APEX Reporting Service e 32 1 my hand, but my hand is okay. 2 _ Q_ Okay. 3 A My lower back, my hip, and my leg. Also 4 in my groin area, and that is about it. s Q There was some reference in the medical 6 records to some sort of a pulmonary -- I have all your 7 medical records, and there is some sort of pulmonary a problem at some point in time. Can you tell me about 9 that, please? 10 A I had a pulmonary embolism. I had a blood 11 clot in my leg from the fall I took. The blood clot 12 broke loose and went to my lungs at which time I almost 13 died. 14 Q When was that? 15 A That was in -- this happened in May. This 16 was the beginning of August. -- I'm sorry. 17 MR. SHIPMAN: Let's take a break. 18 (A brief recess was taken.) 19 BY MR. SHIPMAN: 20 Q This was in August of 2002. 21 A Yes. 22 Q Which leg was involved? 23 A It was the right leg. 24 Q Your right leg? 25 A Uh-huh. APEX Reporting Service 33 i Q Before this accident happened, had you 2 ever had any problems with your leg before? 3 A No. 4 Q I mean, before this fall in the store, had s you ever been seen by a doctor for any problems you 6 were having, any numbness or problems with your leg or 7 legs? s MR. NURICK: Are you okay? 9 If you don't remember, you can say. you 1o don't remember. 11 THE WITNESS: No, I don't remember. 12 BY MR. SHIPMAN: 13 Q So you don't remember any treatment by a 14 physician for any problems you were having with this 1s leg before the accident? 16 A No. 17 Q You believe that this blood clot problem is was associated with this accident? 19 A It was the fall. 20 Q Has a doctor told you that? 21 A Yes. 22 Q Which doctor told you that? A Dr. Pawlush. 24 Q Dr. Pawlush? 25 A Uh-huh. APEX Reporting Service 34 1 Q What kind of a doctor is Dr. Pawlush? 2 A He is a heart doctor. 3 Q Tell me what you remember him telling you, 4 in so many words, just -- obviously his office and you s had a conversation with him. What do you remember him 6 saying? 7 A I wasn't in his office. I was in the s hospital. 9 Q What do you remember him telling you about io this? 11 A He told me this was due to the fall, to 12 the fall. 13 Q Okay. 14 A And he told me had I not gotten medical is attention when I did I would have been dead in a few 16 hours. 17 Q What were you feeling? What problems were 19 you noticing that caused you to call the doctors or get i9 to the hospital? 20 A I was in the shower. 21 Q Okay. 22 A I was having a hard time breathing. 23 Q Okay. 24 A I got over to my bed. I took a portable 25 phone and I laid it beside me. I was just going to lay APEX Reporting Service 35 1 there and sleep. I thought I would feel better -- do I 2 have to say all of this? 3 MR. NURICK: You should answer his 4 questions. You should answer them honestly. Tell him s everything that you can. If you don't remember 6 something, tell him you don't remember. 7 THE WITNESS: Okay. e MR. NURICK: It's all right. Take your 9 time. 10 THE WITNESS:-Okay. 11 MR. NURICK: You're flustered and you're 12 upset. If you need some time, ask for some time. 13 THE WITNESS: Okay. I'm sorry. 19 BYMR. SHIPMAN: 15 Q Ma'am, this is the only time I will have 16 to talk to you about this case. So I am not trying to 17 cause you any difficulty or problems. Really I am not. 18 Under our rules that we have for these 19 civil cases, I can't just call you up and ask you more 20 questions this evening or tomorrow or next week. This 21 is the only opportunity I am going to have to ask you 22 any questions about this, unlike your attorney who you -23 can talk to at anypoint in time. So I can't =- . 24 THE WITNESS: I understand. 25 MR. SHIPMAN: I really am not trying to APEX Reporting Service 36 1 cause any kind of problem. I am sorry you are crying. 2 I aria sorry your upset. Here we are. It's a Friday 3 afternoon and a nice day outside. 4 BY MR. SHIPMAN: s Q So you got the phone. Did you call 911 or 6 an ambulance? 7 A I didn't know at that time what was going e on. The phone rang. It was my daughter. She said, 9 mom, are you okay? I said, no, Jennifer, I'm not. She 1o said mom, something just told me to call you. I said, 11 you need to get help. Something is wrong. So my 12 husband carne home and got me and took me over to the 13 hospital. 14 Q To Holy Spirit Hospital? 15 A Harrisburg. 16 Q Harrisburg Hospital. 17 A They ran all kinds of tests on me. That 1e is when they found out what was wrong. They admitted 19 me. I believe I was in for seven or eight days. 20 But I was in terrific pain. I couldn't 21 breathe. They had to give me morphine to keep me 22 knocked out. 23 Q Do you know how they treated it? Do you 24 know what they did to deal with the blood clotting 2 s problem? APEX Reporting Service 37 1 A Well, they didn't do any surgery or 2 anything, They did it with medication. 3 Q By the end of the seven or eight days were 9 you starting to feel a little better, to breathe s better? 6 A No. Q Did they discharge you at that time? e A Yes. I had to have help because I was too 9 weak to be left by myself. 10 Q So you came home, and what kind of help 11 did you need? A visiting nurse or -- 12 A No, my friend -- my friend. 13 Q Who is that? 14 A Joni, J-O-N-I, Beahm, B-E-A-H-M. 15 Q Okay. 16 A She took care of me. 17 Q What kinds of things -- for example, what 1e was she doing for you? 19 A Everything but go to the bathroom for me. 20 I was throwing up. She cleaned up that. She was 21 getting me lunch. Most of the time I slept. 22 Q Did you have to go back to your doctors z3 peri ducally for checkups? 29 A Yes. I had to go to -- I had been going 25 to a pulmonary doctor. APEX Reporting Service 38 1 Q Uh-huh. zA And down to My heart doctors, 3 Q Dr. Pawlush? 4 A Dr. Pawlush. s Q Did that eventually actually resolve? 6 A I had -- I have to take Coumadin for the 7 rest of my life because of this. Coumadin is a blood e thinner. 9 Q Are you able to breathe okay now? 10 A When I -- when I have to walk, you know, 11 long distances, I have a problem. Exercising, I have a 12 problem. I am trying to think what else. Steps, I 13 can't -- I have a hard time climbing steps. Not like 14 the steps in my home, I can go up and down, but like to 15 go to some place that has a lot of steps, I have a hard 16 time doing that. 17 Q Is that because of the breathing problem? 1e A Yes, it's because of the breathing, and 19 also because of my lower back. 20 Q Okay. 21 A Where I fell, too, I have a problem with 22 that. Like I told you, down in my groin area, I have a 23 problem sitting on hard surfaces. That bothers me too, 24 from the accident. 25 Q When is the last time you saw your heart APEX Reporting Service ti 39 i doctors for any problems associated with this blood 2 clot? 3 A Oh, gee. They did a test on me. I don't 4 recall when it was. 5 Q Was it any time this year, 2005? 6 A No. 7 Q Did you see your heart physicians in 2004? a A I saw my heart doctors -- let me see. 9 This is April -- it was the beginning of the year. to Q Of this year? 11 A Uh-huh. 12 Q Have they discharged you? 13 A I really don't know. 14 Q Do you have a separate pulmonary or lung 1s do ctor? 16 A Yes. 17 Q Have you seen that doctor? 18 A Dr. Clark. 19 Q Have you been seeing Dr. Clark more 20 recently? 21 A No, I haven't -- no, I saw him the end of 22 last year. Z3 Q Has he discharged you? 24 A I don't really know if he has. 25 Q What did he say when you saw him last? APEX Reporting Service 40 1 How were you doing? 2 A They did an x-ray, I believe, of my lungs, 3 and I believe -- I really don't remember what he said. 4 I'm sorry. 5 Q Let me turn your attention to the other 6 problems that you are having. I know with your back, 7 you treated with a chiropractor fora long time, a several years. 9 A Uh-huh. 10 Q Had you ever seen a chiropractor before 11 this accident? 12 A Yes, I went to Dr. Pershing. 13 Q . Before this accident? 14 A Yes, for headaches. is Q But not for back pain? 16 A No, he would do subluxation, which is you 17 know, cracking your neck and stuff, but that was for 18 headaches. 19 Q Are you still seeing the chiropractor? 20 A Yes. 21 Q How frequently do you go back to the 2 chiropracto r? 23 A About -- let me see -- I was just there a 24 few weeks ago. I try to go back at least once a month 25 to see him, or if I'm really -- if this is really, APEX Reporting Service 41 1 really bothering me, I go more often. 2 Q How frequently do you have back pain now? 3 A I have back pain every day. 4 Q Every day. Is it all day? 5 A Yes. 6 Q Do you take any pain medications for that? 7 A I take Tylenol, and when it gets really e bad, my family doctor told me that they would give me 9 drugs, but I don't want to take drugs. 10 Q So you take Tylenol? 11 A I take Tylenol and I sit on hot packs and 12 ice. 13 Q On a daily basis? 14 A Yes. 15 Q Have you seen any other physicians other 16 than the chiropractor for your back problems? 17 A When this happened, I went to OIP. 18 Q Dr. Frankenny? 19 A Yes, and he x-rayed me. 20 Q Have you seen him at all since that time? 21 A No. 22 Q How about your right hand, that is okay zs now? 4 A Where the cut was? 5 Q Yeah. APEX Reporting Service 42 1 A 2 Q 3 pain still? 4 A 5 Q 6 A 7 back. E Q 9 A 10 Q 11 A 12 Q 13 A 14 Q is day? 16 A 17 Q 1e A 19 Q 20 A 21 Q Yeah, that is okay. Your right hip, do you have any right hip Yes. How often do you have your right hip pain? I have that every day, the same as my Your right leg? Yep, right here on the side where I fell. Where are you pointing to? Right here. (Indicating.) Down along your calf area? Yeah. You still have that pain every day, all Yes. Your groin pain, you still have that pain? Yes. You have health insurance? Yes. Is that who has been paying your medical 22 bills? 23 A Yes. 24 Q Do you have any idea what your medical 2s bills are at this point, the amount? APEX Reporting Service 43 1 A No. I don't. My husband takes care of 2 all of that. 3 Q Had you ever had any problems with your 4 heart before this accident? s A Yes. 6 Q What types of problems were you having? 7 A I have atrial fibrillation. a Q When was that diagnosed? How long ago? 9 A Gees, I've had that for quite awhile. io For years I have had that. 11 Q Have you been treated by the Moffit Heart 12 and -- 13 A Yes. 14 Q Vascular group for that problem prior to is this accident? 16 A Yes. 17 Q They have been your -- 18 A They have been my heart -- yeah. 19 Q For some time? 20 A Uh-huh. 21 Q What medication or medications do you take 22 for that condition? 2-3 A I take Cardizem for my heart and Rithmal. 24 Q Can you spell that? 25 A C-A-R-D-I-Z-E-M. I am going to take a APEX Reporting Service 44 1 stab at Rithmal. R-I-T-H-M-A-L or E-L. I don't 2 recall. That is close enough. 3 Q How long have you been taking those 4 medications? For a number of years? s A Yes. I have been on them. I can't tell 6 you exactly how many years. 7 Q Do you know what the dosage of those two e drugs is that you take? 9 A I think the Cardizem is 250. I'm not sure lo of the Rithxnal. 11 Q Were you taking any other medications 12 about the time of this accident? 13 A When I fell? 14 Q Yeah. is A At the time of the fall, I know I was on 16 Premarin because they took me off of that after when I 17 had my pulmonary embolism. 18 Q Any other medications? 19 A I can't remember. 20 Q I would like you to tell me what types of 21 activities you no longer participate in that you did 22 before this accident for any injuries you relate to 2this accident. I am thinking of things of daily 24 activity around the house or socially or things of that 25 nature. APEX Reporting Service 45 1 A Well, I can't run the vacuum. I can't z take any long walks or walk for any length of time. 3 I can't carry my laundry up and down to the laundry 4 room. I can't exercise. I can't enjoy my grandson. s I can't get down on the floor with him and play. I 6 can't get in and out of the car real well. I do it, 7 but it hurts. It bothers me. I think that is ... e Q Any outside activities, things like 9 gardening or -- 10 A Yes, bending, bending down, yes, being ii down, planting flowers. I don't mow the grass or 12 anything because my husband does that. I don't take 13 the trash out either because it's too heavy. 14 Q Who does the housework, vacuuming? 15 A My husband. 16 Q Did he do that before or did you do that 17 before? 16 A I did that before. 19 Q You can't take long walks. What type of 20 walking did you do before the accident? 21 A I had a treadmill. I walked every day on 22 my treadmill. I also worked out with videos that get 3 -down on the floor and work-out, like Richard Simmons. 2 4 I can't do that anymore. 25 We have a development across the street APEX Reporting Service 46 1 from our house and I have tried to walk around that _2 development, and I just -- until I get back home I am 3 just limping so bad. I just can't stand the pain. 4 Q Where is the pain that you have? In your s back? 6 A It's in my sciatic and down my leg and in 7 the groin area. Just sitting here right now, my groin a area is bothering me, and my lower back. 9 Q Do you want to getup and move around a to little bit? 11 A No. 12 Q You can. 13 A We will just get this finished. 14 Q You mentioned exercising. You have not is used your treadmill at all since this happened? 16 A I have tried it. I have tried it, but it n bothers me so. I try these things, you know, I try to 16 do them, but it bothers me too much. 19 Q Have you and your husband taken any trips, 20 gone on any vacations since this accident? 21 A Yes. 22 Q Can you tell me where you have gone? 23 A Well, I have a sister in Florida and a 24 brother in Georgia. We usually go there. 25 Q Do you drive down to Georgia and Florida? APEX Reporting Service 47 1 A Once in awhile we drive, but most of the 2 time we fly. In the airport I always have to ride one 3 of those -- what are they, the shuttle things or -- 4 Q Right. s A When I get off of the plane I have to get 6 on one of those because I can't walk from one end of 7 the airport to the other. 8 When we drive, we stop frequently so that I 9 can get out and move around a little bit, and I have lo got pillows that I put, you know, behind me and stuff ii and sit on. 12 Q That is all new, you didn't have to do any 13 of this before the accident? 14 A No. 1s MR. SHIPMAN: I think I will pass the 16 deposition on to the next attorney here. I don't know 17 if you want to take a short break before we do that. is You certainly can. 19 THE WITNESS: I just want to take a walk a 20 little bit. 21 (A brief recess was taken.) 22 EXAMINATION 23 BYMR. CASSAMATIS: 24 Q My name is Greg Cassamatis. I am 2s representing Schoeneman Beauty Supply, and I have some APEX Reporting Service 48 1 follow-up questions for you. 2 First of alt, with regard to trips. that 3 you have taken over the last several years, you 4 mentioned going to Florida and Georgia. Any other ones s you can think of? 6 A No. 7 Q Any other trips overseas or cruises, 8 anything like that? 9 A We did go on a cruise. 110 Q Do you know when that was? 11 A About a year, year or so ago. 12 Q Do you know where you went? 13 A Cozomel, Jamaica -- over in that area. 14 That is about all I remember. 15 Q Where did you initiate that cruise, from 16 what port? 17 A Port Canaveral. 18 Q Where is that located? 19 A Down in Florida. 20 Q How long was that cruise? 21 A It was seven days. 22 Q Anything else you can think of in terms of 23 trips over the last several years? 24 A No. Well, we go to Florida and Georgia. 2 s We go to my brother's in Georgia and my sister's in APEX Reporting Service 49 1 Florida 2 Q How often do you go? 3 A We usually go there once a year. 4 Q I believe you said you usually fly, but s sometimes you drive. 6 A Uh-huh. Yes. 7 Q How many cars do you and your husband own? 8 A My husband has a truck and I have a CRV. 9 Q Were you ever on Coumadin prior to May of io 2002? 11 A Yes, I had been on it before and they took 12 me off of it. 13 Q Do you know why you were on it prior to 14 May of 2002? 15 A I can't remember. 16 Q Do you know how long you were -- 17 A My heart doctors had me on it. No, I is don't remember how long. It wasn't very long, I know i 9 that. Then they took me off of it, and I was glad 20 because I didn't have to go through the Protime tests 21 again. That is very annoying. 22 Q At some point in your medical records it 23 indicates- you had a hysterectomy. 24 A Yes. 25 Q What year was that, roughly? APEX Reporting Service 50 1 A Oh, gees. That was -- let me see -- my 2 daughter was -- she's 28 now. She was six. 3 Q So 22 years ago? 4 A (Nods.) s Q At some point the medical records indicate 6 you were put on Premarin, Premarin replacement. Do you 7 know when you were put on Premarin? 8 A At the time of my hysterectomy. 9 Q I understand that you were taken off io Premarin after your pulmonary embolism. Were you on 11 Premarin the entire time then from your hysterectomy 12 until roughly September of 20029 13 ' A I don't believe I was on Premarin. 14 I think I got mixed up. I don't believe I was on 15 Premarin. 16 Q When?Ever? 1' A No. I was on Premarin after my 8 hysterectomy. 9 Q Right. o A But when this gentleman asked me what I 1 was on, I don't believe I was on Premarin. 2 Q At what time? 3 A At that -- at that time. 4 Q At the time you had your pulmonary s embolism? APEX Reporting Service 51 1 A Yeah. 2 Q When you would go to the Moffitt group, 3 would you ev er see doctors other than Dr. Pawlush? 4 A Yes, I saw Dr. Bailey. 5 Q Did you see anybody else there? 6 A Dr. Nguyen. 7 Q What was his name? a A Nguyen. 9 Q Anyone else that you saw? 10 A No, and I saw Dr. Pawlush in the hospital, 11 Q You saw him in the hospital. 12 When you would go to the Moffitt office 13 for visits, did you ever see Dr. Pawlush? 14 ' A He wasn't my doctor, no. 1s Q Who was your doctor? 16 A Dr. Bailey and Dr. Nguyen. 17 Q Dr. Pawlush was just covering while you 19 were in the hospital for that practice? 19 A Uh-huh. He is the one I saw the whole 20 time I was in the hospital. 21 Q Did you have any right groin pain you had 22 been treated for prior to May of 2002? 23 A. ro, 24 Q I would like to go back to the date of the 25 incident. You mentioned in your Answers to APEX Reporting 5ervice APEX Reporting Service 52 1 Interrogatories that a girl named Debby was there when - you fell. 3 A Yes. 4 Q Who is that? s A Debby identified herself as the manager. 6 Q She was there when you fell? A Yes. a Q Does the name Debby Schultz ring a bell? 9 A I only know her as Debby. 10 Q As the manager of the store? 11 A As the manager of the store because Debby 12 called me the next day. 13 Q I understand she called you the next day, 14 but what I am asking you is if you specifically 15 remember if she was there when you fell. 16 MR. NURICK: Are you asking was she in 17 store or did she see the fall? 18 MR. CASSAMATIS: Both. 19 BY MR. CASSAMATIS: 20 Q Do you know if she was in the store? 21 A I believe Debby was in the store. 22 Q You believe based upon what? 23 A Her and Ellen came running over, and I had 24 known before that she was the manager. But I didn't 2s know her last name. APEX Reporting Service 53 1 Q You mentioned somebody else by the name of 2 Terri or did you mention anyone else? Strike that. 3 A No. 4 Q Is it possible the other person that was s with you besides Ellen was Terri Polinka? 6 A I don't know. 7 Q You just know that there were two people a that worked for Schoeneman that were assisting you 9 after this happened; is that correct? 10 A Yes. 11 Q There was a form that was filled out. I 12 want to ask you, is any of the handwriting on this form 13 which is marked Accident Report, is any of that 14 handwriting yours? 15 A Yes. It was real hard to write because I 16 was hurt. 17 Q Can you read what part of that form is ie your handwriting? 19 A The top. 20 Q Can you read what it says? 21 A Yeah. It says my name, Judith A. Pickel. 22 742 Valley Street, Enola, 17025, 717 732-3987. 2 . 3 Description of the accident; "fell over a basket on 24 floor by door which was a customer's basket." 25 Description of injury and/or property damage, "right 54 1 leg, right little finger and my back." 2 Q Is there anything else other than your 3 signature that is your handwriting on that form? 4 A No. 5 ccr1Oxrtbwas °ioduc d 6 an mar a or identi#catlon? 7 BYMR. CASSAMATIS: a Q Ms. Pickel, you said you went up to the 9 register and no one was there initially when you went 1o to pay, do you remember that? 11 A Uh-huh. 12 Q Do you remember how long you had to wait 13 at register No. 1 before Ellen got there to ring you 14 up? 15 A Not very long. 16 Q A minute or -- 17 A Maybe one -- maybe a minute. 18 Q Once Ellen got there, do you know 19 approximately how long it took her to ring you up? 20 A Well, I always paid by Visa. So it was 21 probably maybe a minute and a half. 22 Q Was Ms. Leonard the next customer in line 23 behind you? 24 A Yes. 25 Q Am I correct then that you don't know how APEX Reporting Service 55 1 long the basket which you fell over was in its place 2 prior to you tripping on it, do you? 3 A No. 4 Q Had you ever treated with a hematologist? 5 A Blood doctor? . 6 Q Yes. I am just asking. 7 A No. e Q In February of 2002, you had x-rays of 9 your right wrist and right hand. Do you know what that to was for? 11 A My right wrist and right hand. In 2002? 12 Q And your right humerus? 13 A What is a humerus? 14 Q I am asking if you remember having x-rays 15 in February of 2002. 16 MR. NURICK: At any point in 2002? 17 MR. CASSAMATIS: February 15, 2002. 1e THE WITNESS: February 15th, 2002. 1g BYMR. CASSAMATIS: 20 Q Requested by Dr. Pershing. 21 A By Dr. Pershing. 22 Q Yes. If you don't remember, that is 23 fine: 24 A No, I wouldn't remember why -- what -- why 25 he would request that, unless it pertained to my groin. APEX Reporting Service 56 1 Whatever -- unless it pertained to this accident. z Q This is three months before the accident 3 it's February 15th of 2002. 4 A February 15th. The x-rays were of what? 5 Q Right wrist, hand, and humerus. 6 A I guess, if it's there it must have been 7 done, but I don't -- you know. a Q You don't know why? 9 A I don't know why. to Q Do you ever suffer from migraine 11 headaches? 12 A Yes. 13 Q Starting when? 14 A I started with migraine headaches back in 15 '85. That is right. I am on Depakote. 16 Q For your migraines? 17 A Uh-huh. 18 Q Since 1985? 19 A Uh-huh. 20 Q Is that something you just take as needed. 21 It's not som ething you take every day. 22 A No, I take it.- I take it every day. 23 Q Oh, you take it every day? 24 A Uh-huh. 25 Q Since 1985? APEX Reporting Service 57 1 A Uh-huh, twice a day. 2 Q You still suffer from headaches? 3 A On occasion. That is what that medicine 4 does, it helps so you don't get migraine headaches. 5 Q Have your headaches changed at all since 6 the fall in May of 2002? 7 A I don't think, no. a Q Has your weight changed at all since the 9 accident? to A Yes, it has. 11 Q I say the accident, I mean the one of 12 May 14th, 2002. How has it changed? 13 A I have put on weight. 14' Q Do you know how much? 15 A Probably about 50 pounds. 16 Q How tall are you, ma'am? 17 A I am 5 41/2. When you can't exercise... 19 Q I believe you testified earlier that you lg haven't been able to exercise regularly since the fall 20 of May 14th, 2002? 21 A No. 22 Q Your answer is no? 3 A Yes. No. 24 Also, marital relations with my husband. 25 Q How has that been affected? APEX Reporting Service 58 1 A It's not very good. 2 Q How so 3 A Well, it's very hard to do that. 4 Q Is the frequency changed at all since the 5 fall of May 14th, 2002? 6 A Oh, yes. 7 Q Tell me how? s A Well, we don't do it as much as we did. 9 Q What was the frequency of relations before io May of 2002? 11 A About three times a week. 12 Q What is it now? 13 A Once, if he's lucky. 14 MR. CASSAMATIS: I think I am just about 15 done. I am checking my notes. 16 I don't have anything else. Thank you. 17 MR. SHIPMAN: I don't believe I have is anything else. 19 (The Deposition was concluded at 5:05 p.m.) 20 23 24 25 APEX Reporting Service 59 R E 1 CERTIFICATE 2 3 I, Sharon L. Dougherty, a Notary Public for the 4 Commonwealth of Pennsylvania, do hereby certify; 5 That the witness named in the deposition, prior 6 to being examined, was by me first duly sworn or 7 affirmed; 8 That said deposition was taken before me at the 9 time and place herein set forth, and was taken down by to me in stenotype and thereafter transcribed under my 11 direction and supervision; 12 That said deposition is a true record of the 13 testimony given by the witness and of all objections 14 made at the time of the examination. 15 I further certify that I am neither counsel for 16 nor related to any party to .d action, nor in any way 17 interested in the outcom of 18 19 20 L.Voligaerty 21 22 23 24 25 APEX Reporting Service -1Jqqk-;.2 A?,'OuEI-N'T REPORT DAJ- ? FMITORE ? SALON ? SCHOOL DATE OF LOSS: PHONE #: ( ) LOCATION: APPROXIMATE TIME: Name of Inju Address: _ f ? Client: Other- S_ Phone: ( 2j7 ) j - -3 "v ?7 Description of Accident: (Please Specify) /Ll Description of Injuries and/or Property Damage: PRODUCTS USED (Use If Applicable) Trade Name and Full Description (;.e. names, shades, number, etc.) of All Products Used in this Service: If So, Give Description of Tests Made: Was Any First Aid Rendered? Yes No Please Describe: =' Remarks:. Cil; 1-4 a' ';' PLEASE MAIL THIS REPORT TO; Schoeneman Corporatiof?_ Attn: ature o Rep ter P.O. 6767 -600, Rt. 61 North .'? .Z Pottsville, PA 17901 Signature Of Supervisor (71.7) 429-1800 - Ext. 332 ' NOTE: This form is not to be used for work related incidents. Work injuries should be reported to Kay Sider in Corporate Headquarters. 1171,4e r? nor. e von,.,., - r Rev. 9/98 - -_oomq? r Were Any Preliminary Tests Made: Yes No ???- lc..k{; AOE 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 3 JUDITH PICKEL, CIVIL ACTION - LAW Plaintiff 4 V. No. 04-194-2-CIVIL 5 6 PATRICE LEONARD, individually and d/b/a THE RIGHT CUT, and 7 SCHOENEMAN BEAUTY SUPPLY and SCHOENEMAN BEAUTY SUPPLY, INC.,: g Defendants JURY TRIAL DEMANDED 9 10 11 Oral Deposition of 12 PATRICE A. LEONARD 3 13 14 15 DATE: Friday, April 15, 2005 16 TIME: 2:31 p.m. 17 PLACE: Offices of Johnson Duffie 18 301 Market Street Lemoyne, Pennsylvania 19 TAKEN BY: Plaintiff 20 21 22 23 APEX REPORTING SERVICE By: Sharon L. Dougherty 24 P. O. Box 6265 Harrisburg, PA 17112-0265 25 717-545-3553 3 PROCEEDINGS 2 3 STIPULATION 4 (It is hereby stipulated by and between s counsel for the respective parties that sealing, 6 certifying, and filing are hereby waived, and that all 7 objections, except to the form of the question, are a reserved to the time of trial.) s io PATRICE A. LEONARD, ii having been sworn, was examined and testified as 12 follows: 13 EXAMINATION 14 BYMR. NURICK: 1s Q Ms. Leonard, my name is Todd Nurick. 16 I represent Judith Pickel in an action that she has 17 brought from an alleged incident that occurred on 18 May 14th, 2002. Have you ever given a deposition 19 before? 20 A No. 21 Q Well, I will give you some instructions. 22 When I am giving you these instructions, if you don't 2 3 unn ers amend something; p- erase let me Imm, end I will 24 stop and rephrase it or restate it for you. If you 2s don't ask me to stop and restate it or rephrase it, APEX Reporting Service 5 1 and you would like to speak with your attorney, please 2 let me know and we will stop and accommodate you. 3 . Although this is an informal setting, 4 testimony you give here today carries the same weight s as testimony that you are going to give in a court room 6 before a judge and jury. Do you understand that? 7 A Yes. e Q Please indicate again for the court report 9 your answers instead of a nod or head shake, make sure io you say yes or no. 11 A Okay. 12 Q For the record, would you please state 13 your full name? 14 A Patrice Ann Leonard. 15 Q Would you please spell your last name? 16 A L-E-O-N-A-R-D. 17 Q In the last ten years have you ever been 18 convicted of a crime of deceit, and that would include 19 something like perjury, shoplifting, or fraud or 2o anything of that nature? 21 A No. 22 Q Could you give me your current address, 2s -Almse? 24 A 33 Lancaster Avenue, Enola, PA 17025. 25 Q Who is your current employer? 4 1 I will assume that you understood the instructions; is 2 that fair? 3 A Yes. 4 Q I am also going to be asking some s questions through the deposition. If you don't 6 understand the question, please stop me. I will 7 restate it or rephrase it. Again, the same thing s applies. If you don't stop me, I am going to assume 9 that you understood the question; is that fair? 10 A Yes. 11 Q Additionally, by way of instruction, 12 please wait until the question is finished or the 13 instruction is finished before you respond because it 14 is difficult for the court reporter to take down two is people speaking at the same time? 16 A (Nods.) 17 Q You understand? is A Yes. 19 Q Is there any reason today, be it 20 prescription, medically induced, drug or alcohol, why 21 you can't give competent testimony for us here today? 22 A No. 23 Q Also, you have your attorney here. This 24 is not an iriLterrogation. It's a deposition. I don't 25 want you to guess at the answers. If you feel the need APEX Reporting Service APEX Reporting Service 6 1 A Myself. 2 Q What is that employer's name? 3 A Patrice Leonard: 4 Q What is Right Cut? s A A beauty salon. 6 Q Is that your beauty salon? 7 A Yes. a Q Were you employed by Right Cut on 9 May 14th, 2002? o A Yes. 1 Q What is, even though you are the boss, 2 what is your job description? 3 A Hair stylist. 4 Q Does that involve going to purchase the s beauty supplies and things of that nature? 6 A Yes. 7 Q Do you remember on that date, May 14th, a 2002, goin g to Schoeneman's Beauty Supply in 9 Mechanicsburg? o A Yes. 1 Q Do you remember what time that was, 2 roughly? 3 A In the late afternoon. 4 Q Would you say 2:00 is a fair time? s A Between 1 and 2. APEX Reporting Service 7 1 Q What were you doing at the Beauty Supply 2 shop that day? 3 A Buying supplies. 4 Q Do you remember what type of supplies you s were there for? 6 A Just hair products and color. 7 Q Liquids, mostly that type of thing? a A What did I buy mostly? 9 Q Would you say that the products you were io describing were liquids, shampoos and conditioners? i1 A I would say liquids. 12 Q Do you recall an incident involving Judy 13 Pickel on May 14th, 2002? 14 A Yes. Is Q Would you tell me how you first met 16 Ms. Pickel? 17 A When I came into the Beauty Supply house, 18 I was talking to one of the girls that worked there, 19 and I don't recall which one. Then she approached me 20 and asked me if I had -- she had overheard that I had a 21 salon. I was talking about my salon, and she asked me 22 specific questions of what is the name of it, what is 23 the address,- Arid What is my name, and w tis my 24 address. 25 Q By she, you mean Judith Pickel? APEX Reporting Service 8 i A Yes. Q Do you remember what area of the store you 3 were in when you first met Ms. Pickel? 4 A By the door. s Q By the door? 6 A Uh-huh. 7 Q Were you -- a A Excuse me. Not close to the door, but 9 like sort of in the middle. to Q Was this prior to your both being at the ii checkout line? 12 A Right, before we started shopping. 13 Q When you went to the register, had you 14 been walkin g around the store together? is A No. 16 Q So did you wind up at the register n together? la A As far as I know, yes. 19 Q Where was Ms. Pickel in relation to you? 20 MR. SHIPMAN: At what time now? 21 BYMR. NU RICK: 22 Q I am sorry. At the time of purchasing the 23 items and standing at the register, do you recollect 24 who was in front and who was behind? 2S A I just remember that there were several APEX Reporting Service 9 i people in line and it was busy. So that is why I 2 placed the basket down because it was too heavy to 3 hold. 4 Q Do you remember where Ms. Pickel was in s relation to you while you were in line? Was she before 6 you in line? Was she after you in line? 7 A Honestly, I don't remember that. s Q You don't recall. Okay. 9 While you were waiting in line, did you io have continuing conversation with Ms. Pickel? 11 A To be honest with you, I don't remember. 12 Q You stated that you had put your basket 13 down. Why did you put your basket down? 14 A Because it was a long wait and it was too is heavy to hold. 16 Q Had you shopped there before? 17 A At this store? ie Q Yes. 19 A Many times. 20 Q Many times. How many years do you think 21 you've been shopping there? 22 A Twenty. 23 Q - TmM yea-rg. Has- the sets generally, 24 at least in the last few years, remained the same as 25 far as the registers and placement of the counters and APEX Reporting Service 10 1 such where you checked out? 2 A Yes. 3 Q So you were aware that if you had a heavy 4 basket which was heavy, you were aware, is it fair to s say, that you were aware that you would need to place 6 the basket down if you were in line? 7 A Yes. a Q With your experience being in that store 9 on so many occasions, you were aware also that there io was no counter space for you to place a heavy basket if ii you indeed had placed enough items in it to where it 12 was too heavy? 13 A Yes. 14 Q At what point did you put down your basket 1s after getting into the line? 16 A Probably right away. 17 Q Probably right away? le A (Nods.) 19 Q As the line moved forward, did you move 20 the basket or did you leave it in the same spot? 21 A I moved the basket with me. 22 Q Do you recall if you put -- I will refer 23 to Polinka 3, the photograph here. 24 Do you recall which direction the line was 25 in? Was the line moving from the register across the APEX Reporting Service 1 a 11 1 doorway or was the line moving from the checkout point 2 into the store? 3 A Into the store. 4 Q So it's fair to say that you were facing s the front of the store as you stood in line. 6 A Yes. 7 Q Was Ms. Pickel in front of you while you e faced the front of the store? 9 A Honestly, I don't remember. to Q You don't remember. Okay. 11 But you did have a conversation with her? 12 A Yes. 13 Q Do you remember what the conversation was i4 about? 15 MR. SHIPMAN: At what time now? 16 BYMR. NURICK: 17 Q While you were in line and you are facing le the front of the store and you are waiting to check 19 out, regardless of your position in line, you had a 20 conversation with Judy? 21 MR. SHIPMAN: I think she testified that 22 she doesn't recall. 23 THE WITNWES'& Ta be honest with your the 24 only time I remember having a conversation with her is 25 in the beginning when we first came in there. That is APEX Reporting Service 12 i the only time I remember speaking with her. 2 BYMR. NURICK: 3 Q Do you recall making a statement on 4 August 22nd, 2002, to Erie Insurance? 5 A You mean the phone -- over the phone 6 deposition? 7 Q Right. B A Yes. 9 Q Iam referring to Exhibit Leonard 1. 10 Ia-ast?rtnent Exhibit No. 1 $uced 11 arid mare or id en a on.? 12 BYMR. NURICK: 13 Q You state on page 4 that, we were talking 14 to Ellen at the desk. By we, do you know who you were 15 referring to? 16 A No. 17 Q If you go up a few lines to the third le answer, you state that you were speaking with Judy 19 Pickel. On the second answer -- I'm sorry -- you state 20 that you were speaking to Judy Pickel. Do you recall 21 making this statement? 22 MR. SHIPMAN: Do you recall makina these 23 statements? 24 MR. NURICK: These statements. I'm sorry 25 MR. SHIPMAN: He is referring to the APEX Reporting Service 13 1 Deposition Exhibit. 2 THE WITNESS: Do I remember saying that? 3 BY MR. NURICK: 4 Q Yes. s Strike that. 6 You do recall making this phone statement? 7 A Yes, I do. e Q That was on August 22nd, 2002. Today we 9 are in 2005. Would you say it's a fair statement to o say that your recollection would be better closer to i the date of the incident than it is now? 2 A Yes. 3 Q Referring to Polinka No. 2, when you 4 placed down your basket, the final time you placed it 5 down -- this is by no means -- this is just a guide for 6 you. This is by no means saying that is where the 7 basket was. e From this position laterally in Polinka 9 No. 2, would you say that the basket on the floor is a o good representation of where the basket was? 1 MR. SHIPMAN: At what point? 2 MR. NURICK: At the point she last placed i -the baaket dmm. 4 MR. SHIPMAN: If you can answer that. You 5 are saying lateral, you mean -- APEX Reporting Service 14 1 BY MR. NURICK: 2 Q Laterally from left to right in this 3 photograph, in Polinka 2. 4 A Yes, but it looks like it's more in the 5 middle than it would be closer to me. 6 Q That is fine. However, that will be the 7 next photograph. I will get you to specify that. a But for the sake of this question, from 9 left to right in this photograph, and in its position o relative to this counter, would you say that is a fair 1 depiction of where the basket was, just from the 2 perspective of left to right, not how far from the 3 counter it is, but just from left to right in this 4 photo? s A And the register is here, right? 6 Q Correct. 7 A It's a little bit further back. e Q So you are saying -- you are indicating it 9 was a little further to the right? o A To the right. 1 Q In this photograph? 2 A Yes. 3 Q From the photograph's perspective. Okay. 4 I am referencing Polinka 3 now, the 5 photograph. This was the other issue. Would you say APEX Reporting Service 15 1 the basket on the floor was closer or farther from the z one that is in this picture? Would you say you placed 3 your basket closer or farther or in the same spot? 4 MR. CASSAMATIS: Closer to the counter, s you mean? 6 BY MR. NURICK: 7 Q To the counter. I'm sorry. 8 A I would say about that spot. 9 Q Do you recall in your statement, referring to to Leonard 1 again, the statement that you made on ii August 22nd on the phone, do you recall making the 12 statement that you had put it down right in 13 Ms. Pickel's pathway? 14 MR. SHIPMAN: Just note an objection to is the form of that question. If you want to refer her to 16 the specific page. 17 I think it's on Page No. 5. Do you recall 18 making that statement? 19 THE WITNESS: Yes, probably I said that 20 because that is where she was walking when she was 21 leaving. 2z BYMR. NURICK: 23 Q I will refer you to page 7, the fourth 24 line up. The question before that was, "do you 2s remember exactly where it was located at the time?" APEX Reporting Service 16 1 Your response was, "Where the basket was located? And t the question wag I Jb-huh Yaur answer wo- "it was in 3 -- it was like kind of in the middle of the aisle, but 4 close to the, you know what I mean, it wasn't like s right smack in the middle, but it wasn't right smack 6 against the register." Do you recall making that statement? 8 A Yes. 9 Q Do you recall when Judy Pickel fell over 10 your basket? 11 A Yes. 12 Q Would you describe that for me? 13 A What led up to it or the actual fall? 14 MR. SHIPMAN: The fall itself. is BY MR. NURICK: 16 Q The fall itself. 17 A Okay. I was at the register and then I 1 a heard her fall. I saw her fall actually, heard her and 19 saw her fall, and then she fell on her knee,* and her 20 knee was bleeding, and then she scraped her hand. She 21 got up slowly. 22 BY 23 Q Did anybody help her up? 24 A Not right away, but then I helped her -- 2-5 tried to help her up, and I think Ellen came around the APEX Reporting Service 17 i counter and helped her up. 2 Q Do you recall Ms. Pickel ringing her items 3 up? 4 A No. At this point in time. s Q Right. 6 Would you describe to me the state of the 7 basket after Ms. Pickel fell over it? Was the basket e knocked over? Were there items out of it? 9 A I don't remember. o Q You don't recall? 1 A (Nods.) 2 Q Do you remember how much you had 3 purchased? You indicated that it was heavy. 4 A Pretty much. s Q Would you say the basket was full? 6 A It was very full. 7 Q Very full. 8 Were there any tall items in the basket as 9 well that might have extended beyond the top of the o basket that you recall? 1 A Yes. 2 Q Like shampoo bottles and such? 3 . _ (Nods.) _ 4 Can I ask you a question? 5 Q Certainly. APEX Reporting Service 18 1 A Do they know -- did they know that it was 2 a Sale Mania Day? 3 MR. SHIPMAN: He needs to- ask the 4 questions. 5 BYMR. NURICK: 6 Q I know you mentioned it earlier, but would 7 you describe how hard you said you saw the actual fall 8 over your basket, would you describe how hard the fall 9 was? You said she landed on her knee. Did you hear a io noise when she fell? 11 A No. 12 MR. NURICK: I have nothing fiuther at 13 this point. 14 EXAMINATION is BYMR. CASSAMATIS: 16 Q A couple questions, Ms. Leonard. My name 17 is Greg Cassamatis. I represent Schoeneman Beauty 18 Supply. 19 As you were standing at register 1, would 20 the basket have been to your right or to your left? 21 A To my left. 22 Q Looking at what has been marked P-3, the 23 basket would have been to your left; is that correct? 24 A Yes. 25 Q Would Ms. Pickel have been directly in APEX Reporting Service i 19 i front of you just before she fell or to the side? 2 MR. SHIPMAN: If you know. 3 THE WITNESS: I don't remember. I don't 4 remember her being in line. s BY MR. CASSAMATIS: 6 Q Where was Ms. Pickel the last you remember 7 seeing her? s MR. SHIPMAN: Before she fell? 9 BY MR. CASSAMATIS: 10 Q Before she fell. 11 A Her purchases were purchased. I remember 12 her going back into the aisles again behind us. 13 Directly behind us there is products on the shelves. 14 Q When you say behind you, you mean -- 15 A Right directly. 16 Q To the bottom of Exhibit 3? 17 A Right. 18 Q Is it fair to say the last time you saw 19 Ms. Pickel at the register before she fell would have 20 been in front of where the basket is, front being 21 closer to the front of the store? 22 A Yes. .23. Do you still shop -at tlus particular 24 Schoeneman Beauty Supply? 25 A Yes. APEX Reporting Service 20 1 Q I believe there was testimony earlier -- I 2 will ask you. What color are the baskets? 3 A Bright orange. 4 Q Have you seen or talked to Ms. Pickel s since the accident? 6 A I saw her right after the incident at 7 TJ Maxx. e Q Now, there is a TJ Maxx right in this 9 mall, right? 10 A Right. 11 Q How soon after the accident. This was 12 5/14 of 2002. How soon after did you see her? 13 A To be honest with you, I'm not sure. 14 Q Do you know if it was within days or weeks 1 s or months? 16 A I would say a month. 17 Q Did you have any particular conversation is that you can recall? 19 A No. She just stood and stared at me, and 2 o I thought it best to leave. 21 Q So you didn't even talk at all? 22 A No, I just saw her shopping at a distance. 23 Q Do you remember any particular 24 conversation you may have had on 5/14/02 after she 25 fell? APEX Reporting Service 21 1 A No. 2 MR. CASSAMATIS: I don't have anything 3 further. Thanks very much. 4 EXAMINATION s BYMR. NURICK: 6 Q You indicated earlier that this was your 7 basket that J udy tripped over? 8 A Yes. 9 Q You just indicated that Judy's purchases 1o were purchased when you'd seen her and then, I believe 11 you indicated, she had gone back into the store? 12 A (Nods.) 13 Q How do you know that her purchases were 14 purchased? 15 A She was carrying her bag. 16 Q How do you know what was inside of the 17 bag? 1e A How do I know what was in it? 19 Q Right. 20 A It was products that she had bought. 21 Q How did you know? Was it a brown paper 22 bag? z 3 A - Yies. 24 Q How did you know if it was the product she 25 bought? APEX Reporting Service 22 1 A She didn't have them when she came in the 2 store. I mean, she didn't have the bag when she came 3 in the store. So I must have remembered her ringing 4 them up -- having them rung up. s Q So you do remember her ringing hers up? 6 A That I don't remember. 7 Q You don't remember. s MR. NURICK: Nothing further. 9 EXAMINATION 1o BYMR. CASSAMATIS: 11 Q One last question. I forgot to ask this 12 earlier. 13 Can you tell me, if you can recall, 14 approximately how much time elapsed from when you last 15 saw Ms. Pickel in front of the basket from being closer 16 to the front door on P-3 and the time she fell? 17 A I would just -- I would say only a minute 18 or two at the most. 19 MR. CASSAMATIS: Thanks. Nothing else. 20 (The Deposition was concluded at 2:55 p.m.) 21 22 23 24 25 APEX Reporting Service t 23 1 CERTIFICATE 2 3 I, Sharon L. Dougherty, a Notary Public for the 4 Commonwealth of Pennsylvania, do hereby certify: 5 That the witness named in the deposition, prior 6 to being examined, was by me first duly sworn or 7 affirmed; e That said deposition was taken before me at the 9 time and place herein set forth, and was taken down by 1c) me in stenotype and thereafter transcribed under my ii direction and supervision; 12 That said deposition is a true record of the 13 testimony given by the witness and of all objections 14 made at the time of the examination. 15 I further certify that I am neither counsel for 16 nor related to any party to said action, nor in anyway ; 17 interested in the outcom reof. 18 / 19 20 rtly + 21 22 23 24 25 APEX Reporting Service r ' i d .Y ? 1 m _ t w r >'k t i]? t e } Insured: Claim No.: DOL: R/S of: Line of Business: Leonard OlV/ 76) 05/14/02 Patrice Leonard This is Debbie Wallace with Erie insurance at 717-795-9382 speaking with Patrice Leonard, this is concerning an incident that occurred at Schoeneman's Beauty Supply on or about May 14`h, 2002, and today is August 22", 2002, the time is approximately 3:45 p.m. Q: Patrice, can you state your full name and spell the last name for me please? A: Yes, it's Patrice Ann Leonard, and the last name is L E O N A R D. Q: Do I have your permission to record the interview? DEPOSITION A: Yes. EXHIBIT Q: may; an$ wh-afs your dome ad r 5-V A: 33 Lancaster Avenue, Enola, PA 17025. p Q: Okay, and the number I called you at, 732-2336, is that the home phone? A: • That's the home phone. Q: Okay, and is there a work phone number? A: Yes, it's 735-9185. Q: Okay, and where do you work? A: Um, I work for myself. Q: Okay, you're.. A: I have a salon called The Right Cut. Q: Okay, is that at your home? A: Oh, I'm sorry, yes, it's at my home. Q: Okay, so that's at 33 Lancaster Avenue in Enola? A: That's right. 0 2 Q: Okay, does anyone else work with you? A: No, just myself. Q: Okay, and as far as the shop, what are the hours normally and days that you would be open? A: Um, usually I work Wednesday through Saturday from 10:00 until 1000 at night. Q: Okay. A: It's always-it's different, it varies. Q. Okay, anytime between those times? A: Y_ Q: Okay, and what's your date of birth? A: 05/19/63. Q: Okay, um, do you recall an incident at Schoeneman's Beauty Supply where another customer fell in the shop? A: She-she fell at the Schoeneman's Beauty Supply. Q: Okay, where is Schoeneman's Beauty Supply located? A: Um; in Mechanicsburg, by T.J. Maxx, in that mall, little mall placb. Q: Uh, is that off the Carlisle Pike? A: Yes. Q: Okay, in Mechanicsburg, you said it's in that same, uh... A: Where theAs that the Lonestar or the-what's that restaurant called? It's right across, it's right on that same side, like in the corner, there's GNC store. Q: Okay. A: They had previously moved from the other place. 3 Q: Okay, so it's close to the steak house that's over there? A: Right. Q: Okay. A: It's like on that far end of that. Q: Okay, and this occurred back in May? A: May 14`h. Q. Of N021 A: Around 2:00 a_m.. I mean..yeah. not in the morning. 2:QQ.p.m.? Oki, and you were at.Schoeneman's? A: Right. Q: You were there to do what? ,j A: To buy supplies and there's only one way to get in and out of the store.. Q: Okay. A: And they always have stuff around, displays and all that stuff, and there's not much room between the aisle where you go outside.. Q: Uh huh. A: And the desk, the uh, what do you call it? Check-out line, or whatever.. Q: Okay. .A: To buy your supplies. Q. Okay, so there's an aisle there near the check-out? A: Yes, an aisle that leads to get outside, like a narrow aisle. Q: Uh huh, so you were there on May 14`h, and you were there as a customer to buy some supplies? 4 A: Right. Q: Okay, and there was someone else there at the time? A: There were several people there. The one lady that I remember is Judy Pickle. Q: Okay. A: And before the incident occurred I was talking to her and um, she told me she had a salon, not anymore, but she had one in Enola on Valley Road, and I told her that I had a salon and she asked me what the name of it was, and my name and the address of the salon. Q: Okay, and did you know her? A: Into, that's the first day that I met her. Q: Okay. A: The first time I ever met her. Cause we..you know, we usually a lot of times we stand around and talk or whatever.. Q: Right. A:' Before we leave.. Q: Right. A: And we were talking to Ellen at the desk. Q: Okay, so Ellen works at Schoeneman's? A: Right. Q : And she was at the check-out? A: Uh huh. Q: Okay. A: You know, the register? i Q: Right, and so the three of you had been there talking? 5 A: Yes. - 16I... Q: Okay. A: and then after we had been talking, rude walked away, I guess to get something, I wasn't really paying attention, she just had one little small bag, you know what I mean, it's hard to remember. Q: Yeah. A: She didn't have a whole lot like I did, because she doesn't have a salon anymore, so she doesn't need as much stuff. Q: Right. A: You want me to keep going? Q: Yeah, go ahead. A: Okay, so when she was coming, I guess when she was going out the door to leave, she ? tripped over my basket and she tripped over the basket, she swerved right into a purchase.. Q: Okay. A: They weren't yet purchased and the basket was sitting um, I guess..I guess in her pathway, so she tripped over it and then um, she didn't really say too much, she just said that her knee was sore and that it was bleeding a little bit and they ran back to get her-the manager, Debbie, ran back to get her like a wet cloth or whatever.:. Q: Yeah. A: And the weird thing is, right after that, she ran back to get this piece bf paper, and I don't know exactly what it was, but to sign it, and I think to release them of any of any doings or something like that. Q : Okay. A: I don't know what she would have signed. Q: Okay. A: You know? She said, just in case, we better have you sign this. i . 6 Q: Was it maybe just an incident report, you know, about that? A: Yeah, I don't..I don't know. Q: Okay. A: But the weird thing is, that maybe they made it sound, or she made it sound like um, it was something to cover their butts, you know? Q: Okay. A: And I stayed for a while to make sure she was okay and everything and said oh, I felt bad, cause it was my-basket. Q: Right. A : And then I -did 4eave,-and then when I went inr likG this- wok J wont- in a,nd. I asked Deehbie how Linda Pickle was doing, and she said oh, she's not doing very well, she has back problems and she has hip problems and she's been to chiropractors and all kinds of doctors and this and that, and I said, well I'm sorry to hear that. Q: Right. Now is her name Linda or Judy Pickle? A: Oh, I'm sorry, it's Judy Pickle. Q: It is Judy Pickle? A: It is, yeah. Q : Okay. A: I'm sorry. Q: That's alright, so Judy is the one that had fallen? A: Right. Q: Okay. A: But she was heavyset, I hope that doesn't _, but maybe that made it, the fall even harder. Q: Okay. 7 A: I don't know. Q: She had been in the store to buy supplies too, just like you? A: Right. Q: And you guys had been talking? A: Yeah, before the incident. Q: Okay, you were buying a lot of stuff? A: Well, not reallyA mean, it was a basket.. sometimes I have boxes that I carry out of there, but this was like a basket full of stuff, like even a small..their baskets are even kind of smaller than the ones in the grocery store. Q: Okay. A: So that was what was sitting down there. Q: Okay, you had it sitting on the floor? A: Right. Q: Was this near the check-out? A: Yes. Q: Do you remember exactly where it was located at the time? A: Where the basket was located? Q: Um hmm. A: It was in.. it was like kind of in the middle of the aisle, but close to the..you know what I mean? It wasn't like right smack in the middle, but it wasn't right smack against the registered. Q: Were you standing right there? A: Yes. Q: Okay. V A: Yes, I was standing right there by the basket. Q: Okay, now you said you had been talking to this Judy for some time? A: Yes, I talked to her before. Q: Okay, was she there when you set the basket down? A: Yes. Q: She was? A: Yes. Q: So you initially carried it up-there and then you guys had been talking and you did set the basket down? A: Right. end she \NQ\ Ad hive seen'In set ?k &<<m , A: Yes, I think so. Q: Okay, and then you were still there for a while, and then she apparently checked out and you didn't? A: It's hard for me remember that part, I think she did buy her stuff.. Q: Okay. A: Cause when she tripped over the basket, she was carrying, I guess when she went to leave or something, she was carrying a brown paper bag with some of her stuff in it. Q: Okay. A: Because I remember the bag..the bag flying. Q: Okay. A: When she fell. Q: Okay, now do you recall when she actually tripped and fell, were you still there talking to somebody? Do you remember what you were doing at that time? 9 A: Yes, I was still talking to Ellen, I think. Q: Okay, and she was the woman from Schoeneman's, and she was the one up there at the register? i A: Yeah, Ellen the one that works there. Q: Yeah, she does work there? i? A: Right, but not Linda, I mean Judy. Q: Yeah. A: (Inaudible) Q: That's okay, Judy had gone to do whatever, but you and Ellen were still there talking? A: Right. Q: Okay, so she somehow came by and tripped over the basket? A: Yeah, when she was going to leave. Q: Okay. A: She went out the door to leave, she tripped over it. Q: Okay, and did she actually fall to the ground? A: Yes. Q: Yes? A: Yes, she did trip over it and fall and land on her knee. Q: Okay, do you..I know it's been a while, do you remember what knee that would have been? A: The left knee, I'm pretty sure. Q: Okay. A: That's pretty good. 10 Q: Okay, and um, how about the area where she fell, was that-what type of flooring or surface would have been there? A: Um, it's carpeting. Q: Carpeted? A: Um hmm. Q: But she still cut herself on something? A: I think she just um, from the impact.. Q: Okay. A: Her knee hit the carpet, so it made it bleed. Q: Okay. A: I guess she fell hard, you know, so it made it bleed. Q: Okay. A: And she claimed that it swelled up. Q: Okay. A: But it was hard to tell because I think she had on capri pants or something like that. Q: Okay. A: The weird thing about it is, she did not say anything, she didn't say "ow" or whatever Q: Okay. A: You know? Q: Did she get up on her own? A: Yes she did. Wait a minute, I can't remember that. Q : Okay. i 1 0 11 A: She..I think she did, cause she was limping. Q: Okay, did Ellen seem to know her, like she had been in there before? A: Yeah, they knew her. They-they pretty much know everybody. Q: Okay. A: That goes in there. Q: Okay, so she was able to leave the shop under her own power apparently? A: Yes. Q: Okay, and then did you hear from her again after that? A: No, not at all, until I received this letter in the mail last Thursday. Q: That was last week? A: Last Thursday, Yes. Q: Okay. A; Last week. Q: So, that would have been the 15`' of August then, and that's a letter from an attorney? A: Yes. Q: Indicating they represent her? A: Uh huh. Q: Okay. A: Do you want me to read it to your or? Q: Yeah, go ahead. A: Let me see, I have to find where I put it. You called at a good time because I wouldn't have been able to talk, you know what I mean? 1 11 12 Q: Yeah, yeah. A: Okay, it's says uh, Dear Miss Leonard, it says here, Miss Patricia Leonard, which is incorrect, it's Patrice, Right Cut, and it doesn't even have The Right Cut, the name of the business, 32 Lancaster Avenue, Enola, PA, and then my client, RE:, it's says my client, Judith Pickle, date of incident 05/14/02, Dear Miss Leonard, please note my representation of the above noted individual in this claim, kindly direct all future-well you have this don't you? All future correspondence and communications regarding this matter to my attention only. Thank you for your prompt attention to this matter. Q: Okay, so that's all? A: Very truly yours, _ Jurlowski. Q: Okay, so that's all it says is just a letter, a basic letter of representation? -A. Yeah, but it says hers., noted individual in this claim.., Q: Right. A: And that's-and up here it's Patrice Leonard, The Right Cut, so isn't that indicating that it's suing me? Q: Uh, no, not necessarily. A: Oh. Q: Now, besides you and Ellen, was there anyone else right around there that would have seen her fall? Do you remember if there was anyone else that would have witnessed that? A: I can't-that I can't, I honestly can say I can't remember. Q : Okay. A: Anybody else. Q: Okay. A: There might have been other people there, but I don't..I can't..I couldn't tell you. Q: How about other employees of Schoeneman's? Besides Ellen/ A: Debbie, the manager, she's the one that went back and got the paper for her to sign. 13 Q: A: Q: A: Q: A Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Okay, was she out there when the lady fell? Debbie? Yes. Yeah, I think so. You think she saw it? I don't know if she saw it or not, all I know is Ellen saw it. Right. I don't know where Debbie was at the time. But she talking and everything. Right, but she is the one that got the paper? Right. Whatever that was. She went back right away and got the paper. Okay, for Judith to sign? Right. Okay, do you remember what the lady was wearing? Like shoes? What type of footwear? No I don't. Okay. I justA remember capri pants and a shirt. Okay, did you notice if she was using anything to assist her in walking? No, nuh huh.' i 14 Q: Okay, did she notice if she had been limping prior to having fall there? A: No, because I really didn't see her walking around. Q: Okay. A: You know? Q: Yeah. Besides her knee, did she mention hurting anything else when she fell or? A: No, she didn't, not at the time? Q: Whether she was hurt at all at the time she fell? A: She didn't say'anything, that was weird. Q: Okay, she didn't mention... A: She just was saying it hurt, you know, how it hurt pretty bad and stuff, and they did get her like a wet paper towel for her knee. Q: Did they offer to call an ambulance or anything? A: No. Q: Or ask her if she needed any... A: No. Q: Type of assistance? No? A: No. Q: Did she mention that she'd go somewhere when she left there? A: No she didn't. Q: Okay, she apparently came by herself? A: Yes she did. Q: You didn't notice anybody else with her? 15 A: No, Q: So apparently she walked or drove there on her own? A: Right. Q: Okay, you said this is in Mechanicsburg, and she apparently lived in Enola from what she told you? A: Right, she still does. Q: Okay. A: On Valley Road, I don't know where she does, I don't know. Q: "Okay, it's likely then she drove herself to this location? A: Right. (END OF SIDE A) This is Debbie Wallace with Erie Insurance, 717-795-9382 continuing an interview with Patrice Leonard, this concerns the fall that occurred at Schoeneman's Beauty Supply and that happened on or about May 14, 2002 and the person that fell was a Judith Pickle, today.'s date would be August 22"d, 2002, the time is approximately 4:03 p.m. Q: Patrice, do I have your permission to continue the interview? A: Yes. Q: Okay, we had said based on this location where Schoeneman is in Mechanicsburg, and the fact that she apparently lives in Enola, she apparently drove herself to Schoeneman's and would have driven, left after she fell, and driven herself home or'somewhere else? A: Right. Q: Uh, from there on her own, cause she apparently was there by herself, nobody else was with her? A: No. Q: Okay, and other than her knee, she apparently didn't mention anything else hurting at that time? 16 A: No, not that I was aware of. Q: That she fell? Okay, did she have to hang around for any period of time after this happened because she wasn't able to get around? Do you know if she kinda stayed for a while or if she was able to get up and leave then? A: I'm not sure how long she left, I mean, how long she stayed there, because I then left... i Q: Okay. A: After all that incident and with the-signing the paper and all that. Q: Okay, you left before her? A: Yes. Q: Alright, you said there's just the one aisle, or one way to exit the building? A: Enter and exit, yes. Q: And the checkout is located where in relation to that exit? A: To the right hand side, like if you were facing it. Q: Okay. A: Like, to go out, out the door, it would be on the right hand side. Q: Okay, so it's right there near the exit? A: Right. Q: Okay, are there any glass windows or anything there by the exit? A: Yes. Q: There are? A: Uh huh. Q: Okay, anything broken when she fell? A: No. { 1/ Q: Or knocked over? A: No. Q : Okay. A: I don't think so, she just-her products just fell. Q: Okay. A: Her bag, you know. Q: Right, anything else about this incident itself we didn't cover that you think is important and you wanted to add? A: - Um, not that I can think of. Q: Okay, and you would have set your basket down why? A: Because it's too heavy to hold. Q: Because you'd been standing there talking? A: There was no room on the counter. Q: Okay. A: And somebody else was ahead of me or whatever, but I can't-like I said, I can't remember exactly. Q: Yeah. A: If there was somebody else or what. Q: Okay, alright. A: But I had supplies.. Q: Right. A: Put it down beside me. Q: And you had been talking there for a little while? 18 A: Yeah. Q: Okay. A: Standing around? Q: Uh huh. A: And the basket was right by your feet? A: Um, it was kinda close to me, but like I said, there's not a whole lot of space.. Q: Right. A: Between the-you know what I mean? Q Right. A: It was more, it was kind of in the aisle to be honest with you. Q: Yeah, how did she get by you? Judith? A: When she walked to go out? Q: Yeah. A: Or come in, or? Q: There was room for her to go past you to exit while you were standing there? A: Yeah, she would have probably have to go around the basket, cause like I said, there's not a lot of room.. Q: Right, but there was room for her to pass by you to exit the building? A: Yes. Q: Okay. A: Yeah. Q: The aisle is wide enough that she would be able to? 19 A: Yeah, she could have gone around me, she was looking down.. Q: Yeah. A: I mean, I can't help if.. Q: Yeah. A: The responsible.. Q: Yeah. A: You know what I mean, you were looking where you were going. Q: Right, do you remember what color the basket would have been? A: Geez, I think it's orange. Q: Okay. A: I'm pretty sure, it's pretty bright. 1 Q: Okay, would they all be the same? A: Yes. Q: Okay, anything else you can think of? A: No, just sounded kinda odd that she asked me specifically the address of this place and my-my whole name. Q: Yeah. A: That's what's weird too. Q: Did um... A: Before it happened. Q: Yeah, she asked you where your shop was located? A: Yes, and the address. F 2v Q: Okay, did um, did she indicate that-at any time while you were talking there, that she had been to Schoeneman's before? A: Nuh huh. Q: Okay. A: I'm sure she has though, because of having a salon. Q: Right, but she..you don't remember her specifically saying that you know, she comes there frequently, or she had been there before? A: No. Q: Okay, um, anything else you can think of? A: 1 mean, how did they get my name and number? I guess through the insurance company Q: If she remembered your name, it's possible they just looked it up. A: Yeah. Q: You would be listed in a phone directory? A: Nope. Q: No? A: I'm not in the phone book. Q. The business isn't in the phone book? A: No, it's not because we have identi-ring.. .Q: Uh huh. A: So they won't put it in the phone book unless you have a separate lipe. Q: Oh. A: That's what I thought was weird too. J 21 Q: Yeah, unless they got it through Schoeneman's? I don't know if they might have been able to help them out with that or not? A: I don't know, but my friend who has a salon said that she was pretty upset because Schoeneman's, you know, doing business with them for 20 years, you know. Q: Okay, how about-do you have a sign at your business? A: Oh, you mean a Right Cut sign? Q: Yeah. A: Yeah, it's the Right Cut. Q: I mean, is there an address on the sign or anything? A: No, there's not. Q: How about on your house? A: _ number, yeah Q: Okay, there is a phone number on there? A: Yes. Q: It's possible she just drove by too. A: Yeah. Q: And got it, if she remembered what street you said your business was on. Could have driven right by and got the information from your sign. A: Yeah. Q: So okay, did you understand the questions that I had asked? A: Yes I did. Q: Were the answers that you gave me true and correct to the best of your knowledge? A: Yes they were. 22 Q: And I did have your permission to record the interview? A: Yes. Q: Okay, hold on. Transcribed by: ASAP Typing Services Transcribed on: 05/18/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH PICKEL, CIVIL ACTION - LAW Plaintiff V. No. 04-1942 CIVIL PATRICE LEONARD, individually and d/b/a THE RIGHT CUT, and SCHOENEMAN BEAUTY SUPPLY and SCHOENEMAN BEAUTY SUPPLY, INC.,: Defendants : JURY TRIAL DEMANDED Oral Deposition of ELLEN JANE SHOOK DATE: Friday, April 15, 2005 TIME: 1:43 p.m. PLACE: Offices of Johnson Duffie 301 Market Street Lemoyne, Pennsylvania TAKEN BY: Plaintiff APEX REPORTING SERVICE By: Sharon L. Dougherty P. 0. Box 6265 Harrisburg, PA 17112-0265 717-545-3553 2 1 APPEARANCES: 2 For the Plaintiff: TODD B. NURICK, ESQUIRE 3 111 West Germantown Pike Plymouth Meeting, PA 19462 4 5 For Defendant Schoeneman Beauty Supply and Schoeneman Beauty Supply, Inc.: 6 GREGORY CASSAMATIS, ESQUIRE Rossmoyne Corporation Center 7 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 8 9 For Defendant Patrice Leonard: JEFFERSON J. SHIPMAN, ESQUIRE ---- 1.4 _ JOHNSON. DUFFIE 301 Market Street 11 P. 0. Box 109. Lemoyne, PA 17043-0109 12 13 Also present: Patrice and David Leonard 14 15 16 I N D E X 17 Witness Page No. 18 ELLEN JANE SHOOK Mr. Nurick 3/27 19 Mr. Shipman 19 20 21 Exhibits Marked No. 1 (Handwritten Statement) 15 22 No. 2 (Photograph) 16 23 Polinka Referenced only 24 No. 2 8 No. 3 12 25 No. 4 17 APEX Reporting Service 3 1 PROCEEDINGS 2 3 STIPULATION 4 (It is hereby stipulated by and between s counsel for the respective parties that seating, 6 certifying, and filing are hereby waived, and that all -7 objections, except to the form of the question, are s reserved to the time of trial.) 9 10 ELLEN JANE SHOOK, 11 having been sworn, was examined and testified as 12 follows: 13 EXAMINATION 14 BY MR. NURICK: 1s Q Ms. Shook, my name is Todd Nurick. I am 16 here representing Judith Pickel in an action that she 17 has brought for an alleged incident that occurred on i e May 14th, 2002. 19 Have you ever given a deposition before? 20 A No, this is my first time. 21 Q I am going to give you instructions 22 regarding the deposition. During the instructions if 2 3 you don't understand the instructions,, Reel tree to 24 stop me and I will go ahead and rephrase or restate the 25 instruction. APEX Reporting Service 4 ,I- However, if you don't ask me to restate or 2 rephrase it, I am going to assume that you understood 3 the instruction; is that fair? 4 A Okay. 5 Q Additionally, I will be asking you 6 questions during the deposition. If you don't 7 understand the question, feel free to stop me. I will e try and restate and rephrase it for you. 9 If you don't stop me, I'm going to assume io that you understood the question in that case as well. 11 A Okay. 12 Q Additionally, please let me finish asking 13 the question or the instruction before you respond. As 14 you see, there is a court reporter and it's not easy 15 for her to take down two people speaking at the same 16 time and manifest their comments. Okay? 17 A Okay. is Q Is there any reason today, be it medically 19 induced, prescription induced, drug or alcohol related, 20 why you can't give competent testimony here today? 21 A No. 22 Q Also, you do have your attorney here. 23 This is a deposition. It's not an interrogation. 24 I don't want you to guess at your answer. 25 . Like I said before, feel free to stop me APEX Reporting Service 5 1 and rephrase it. If you would like to speak with your 2 attorney at anytime -- 3 (Discussion off the record.) 4 BY MR. NURICK: s Q As I said, you have your attorney here. 6 Again, I don't want you to guess at the answers to the 7 questions. So at anytime if you would like to speak to e your attorney, just let me know and we will make 9 arrangements so that you can do that. 10 You need to know that although this is an ii informal setting, the testimony that you give here 12 today carries the same weight as testimony that you 13 give in a court room before a judge and a jury. Do you 14 understand? 15 A Yes. 16 Q For the record, would you please state 17 your full name? 1e A Ellen Jane Shook. 19 Q Would you spell your last name? 20 A S-H-0-0-K. 21 Q Ellen, have you ever been convicted of a 22 crime of deceit in the last ten years? That would -23 `dude somedung y, shoptifbug> fraur}• 24 A No. 25 Q What is your current address? APEX Reporting Service 6 1 A_ 104 Lake Drive, Middletown, Pennsylvania, 2 17057, 3 Q Who is your current employer? 4 A Schoeneman Beauty Supply. s Q That is located in Mechanicsburg? 6 A Yes, I work in Mechanicsburg. 7 Q Were you employed there on May 14th, 2002? e A Yes. 9 Q What is your job description or your job o description as it was on that day? 1 A Full-time sales. That is what the job .2 description is, and I was running the register at the 3 time. 14 Q So you recall the incident involving 15 Ms. Pickle on May 14th, 2002? 16 A I do. 17 Q Do you recall what time of the day that 18 was? 19 A Mid to late afternoon. 20 Q Would you say around 2:00 is fair? 21 A Yes. 22 Q Do you remember what day of the week it 23 was? 24 A No, I don't. 25 Q You had stated that you worked the APEX Reporting Service 9 7 1 register, and just for purposes of restating that, 2 that's what you were doing that day? 3 A Yes. 4 Q At what point did you encounter Ms. Pickel s and Ms. Leonard? 6 A They had been in my checkout line, and we 7 had -- it was a busy day, and they were several people 8 in front of them. 9 Q Now, when they got up there, what were io they doing? 11 A They were talking. 12 Q They were having a conversation. Did you 13 engage in a conversation with them both as well? 14 A Yes. 15 Q Who else was in the line at that point? 16 A I don't recall that. 17 Q Based on your position working the 18 register, how far would you say you were away from the 19 two of them? That being Ms. Pickel and Ms. Leonard. 20 A Proximity across the counter -- I don't 21 know feet, maybe 1, 2, 3 feet. 22 Q Do you recall from your perspective -- I 23 understand your re-glster faces into i ie fora and not 24 directly at the counter. 2s A Right. APEX Reporting Service 8 1 Q From your perspective, were you to turn 2 and face the counter from inside your work space, do 3 you recall who was in what position? 4 A Yes. s Q What would that be? 6 - A Ms. Pickel was in front of Patrice. 7 Q So that would have been on what side to 8 you? 9 A To my right. to Q To your right as you face them. 11 A Right. 12 Q Ms. Leonard would have been on the left. 13 I am going to reference the pictures for 14 the sake of ease here. 15 I will reference Polinka 2. Is this your 16 register here? 17 A Yes. 18 Q Is that the way it roughly looked on the 19 day we are discussing? 20 A Yes. 21 Q If you are standing here behind the 22 register, behind the counter, this would be -- 23 A My left is to the inside of the store. 24 Q Your left is to the inside of the store, 2s and your right is towards the door. APEX Reporting Service 9 1 A Right. 2 Q Now, to the inside of the store, who was 3 standing on that side? That was Ms. Leonard? 4 A Ms. Pickel and Ms. Leonard. s Q Ms. Leonard was standing more towards the 6 inside of the store and Ms. Pickel was standing closer 7 to the front of the store. 8 A Yes. 9 Q To the door. .o A Yes. . .1 Q While you were engaged in conversation .2 with Ms. Pickel and Ms. Leonard, did you see .3 Ms. Leonard place down the basket? 4 A No, I didn't. Ls Q At what point did the conversation stop L6 and you started ringing up Ms. Pickel's items or had P that been going on at the same time? 18 A It had been going on at the same time. 19 Q You indicated that you did not see 20 Ms. Leonard place the basket down. Did you see it on 21 the ground at any point prior to Ms. Pickel falling on 22 it? 23_ A 3d-u. 24 Q Tell me in your recollection what happened 2s after you finished ringing up Ms. Pickel. APEX Reporting Service 10 1 A Ms. Pickel was talking,to Ms. Leonard -- 2 may I say Judy and Patrice? 3 Q You sure can. 4 A Thank you. s They had been -- they were still engaged 6 in conversation, and Judy backed up a little bit to 7 turn to go out the door and that is when she fell. She 8 tripped over the basket then, but she backed up this 9 way and she -- as she was backing up she went to turn 1o and that is when she tripped. 11 Q That was the same basket that Ms. Leonard 12 had placed down there? 13 A Yes. 14 Q After the fall, did you notice any 1s injuries that Ms. Pickel had? 16 A She cut her right finger, and a little bit 17 on her hand, and her knees were skinned. 18 Q Had you actually seen the fall or 19 witnessed it? 20 A Most of it was from my peripheral vision 21 because I had started to turn around then to start 22 ringing up Patrice. So I saw most of it this way. 23 Q Would you describe the fall for me? 24 A She backed up. She turned, and that is 25 when she tripped. She went down almost like on a APEX Reporting Service 11 i diagonal, and her head did hit the door a little bit. 2 Q Based on what you observed, do you believe 3 that Ms. Pickel was exiting the store? She had made 4 her purchase. She was turning to exit the store at s that point and was heading towards the door? 6 A Yes. 7 Q What was the condition of the basket after e the fall? In other words, was it moved? Was it upside 9 down? Had items fallen out? '10 A I don't recall that. 11 Q You don't recall? 12 A I don't recall anything falling out, but I 13 do recall then Patrice picking the basket up and put it 14 on the counter. Zs Q Do you recall the amount of items that 16 were in the basket? 17 A No. Ze Q You don't. Would you say it was full? 19 Would you say it was partially full? 20 A I don't recall that either. 21 Q I will show you an exhibit, a photo again, 22 Polinka No. 2. This photo was taken by your attorney 23 aria if 'was n t -- tthe T?asket = IFiereis-a baeT on ie 24 ground, and it wasn't placed there for any purpose to 25 reference where the basket may or may not have been. I APEX Reporting Service ?I APEX Reporting Service 12 i We are just using it as a point of reference. 2 Look at this-photograph as far as the 3 lateral placement by the counter, would you say that's 4 an accurate depiction of where the basket was that day? s A Yes. 6 Q As far as the distance from the counter, I will reference photograph Polinka 3 that shows the s distance from the counter. 9 A Well, I don't know how far -- how close to io the register it was. I don't know that because I 11 couldn't really see where the basket was. 12 Q That is okay. Now, after the fall, 13 however, you went out there I imagine. 14 A Yes, I did. is Q Where was the basket at that point? i6 A Well, Patrice had picked it up. 17 Q She already picked it up by the time you is went over there? 19 A Well, actually, I don't remember. I don't 20 remember where the basket was. 21 Q Because in the prior photograph and the 22 prior question, in Polinka No. 2, you had pointed out 23 that that was roughly the position the basket was in on 24 the floor. 25 A I assumed it was there because of the way APEX Reporting Service 13 1 -- when Judy backed up, the way she fell. 2 Q So would you say Judy was roughly in front 3 of where this basket is in Polinka 2? 4 A Yes. s Q So she was somewhere between where the 6 basket is referenced in this picture and where the counter is? a A Yes, that is what I meant. 9 Q Now, based on your recollection of how she 1 o fell, can you do the same thing for this photograph, 11 Polinka 3, based on the same type of fall and what you 12 assumed, could you let me know where -- perhaps how far 13 the basket was from that counter? 14 A Actually, I can't because I couldn't see Zs the basket, where the basket was from this side of the 16 register. The counter space is wide enough that if you 17 look down you can't see the floor. If I looked over 19 here, I could see it, but I couldn't see it from there 19 unless I actually leaned -- 20 Q Because the court reporter can't -- 21 A I'm sorry. 22 Q That is okay. When you say by over here, ,5 you YCreatracross -z---it looks like acrosstht whole 2 4 doorway to the first display. 25 A Right. I could see it if it had been in 14 i front of register 2. 2 Q How far do you think you can see a point 3 on this photograph, Polinka 3, do you think you pan see 4 to the middle of the door from your position? s A Standing up, yes. I could see like there. 6 1 can see this area. 7 Q You are indicating the doorway? e A Yes. 9 Q So it's safe to say then that if you can o see to this side of the door, referencing the i photograph Polinka 3 again, right where the edge of the 2 basket is, that door frame, you indicated in the prior 3 question, it's safe to say that because you couldn't 4 see the basket, that it wasn't that far out. It was s probably here or closer. Is that a fair statement? 6 A Yes. 7 Q Do you recall making a written statement s at your employer's on August 19th, 2002? 9 A Yes. o Q I will show you what has been marked 1 Deposition Exhibit Shook No. 1. 2 Would you take a look at that and would 3 you let me know if that was your statement and that is your handwriting? A Yes. APEX Reporting Service 15 1 eppsition o ttt Exhibit No. I the 2 ant martCe?for iedenefi cation.) 3 BY MR. NURICK: 4 Q You indicate that this was Ms. Leonard's s basket; is that right? 6 A Yes. Q Looking at that statement now, is there s anything on there that you would like to change at this 9 point? 10 A No. 11 Q Looking from your register, which is 12 register 1, I believe. 13 A Yes. 14 Q Over at register 2, would you be able to 15 see register 2? 16 A Yes. 17 Q Would you be able to see the clerk at 1s register 2? 19 A Yes. 20 Q Would you say that she has roughly the 21 same, referencing the depth of the counter, you know, 22 the depth of the counter, would you say that somebody 23 working register 2 would he able to see tO 56 -! 3me 24 location you would be able to see or further, 25 referencing Polinka 3, for instance, where would you -- APEX Reporting Service 16 1 have you worked register 2 before? 2 A Yes 3 Q Referencing this photo again, Polinka 3, 4 and your experience having worked at register No. 2, s what is the distance that you would be able to see from 6 that register? I understand the register faces -- register 2 faces register 1, unlike register 1 which s faces in towards the store. 9 So facing that direction, how far do you 1o think, on Polinka 3, do you think you would be able to 11 see from there on the floor? 12 MR. CASSAMATIS: Can I interject? I think 13 the testimony was register 2 faces in towards the 14 store. It doesn't face towards register 1. Am I 15 incorrect about that? 16 THE WITNESS: Register 2 faces -- it faces 17 -- may I show you? is BY MR. NURICK: 19 Q Sure. Absolutely. 20 MR. NURICK: Here is another photo. We 21 can mark it Shook 2. zzousitiohn E a ib o uooe and z 3 mar er id?en?ica on. 24 THE WITNESS: If you are standing here at 2 s register 1 on this side -- if you are facing the door APEX Reporting Service 17 1 to go outside, to your left there are windows. The 2 whole front of the store has windows, and register 2 is 3 close to the windows on the outside. Okay. So that 4 when you look across from register 2, you can see s register 1 mostly on this side because this is where 6 register 2 is. BYMR. NURICK: s Q I understand. So referencing this 9 photograph, Polinka 2, this is an actual photograph of 1o register 1; is that fair? 11 A Yes, but this is not in front of the 12 register. This picture was not taken from register 2. 13 Register 2 is over further so that it's closer to -- 14 Q This is a photograph, Exhibit Polinka 4. 15 Is that the view from register 2? 16 A Yes, that is the view. Exactly. 17 Q Referencing that view, using your 1a recollection back to May 14th, 2002, to the best of 19 your ability, would you say that is a fair depiction of 20 the view? 21 A Fair. This tall roll-about shelving was z not there. s _Q You are indicating the shelvfrtg on the 4 left, on the far left -- s A Yes, there was a table there. APEX Reporting Service 18 1 Q Polinka No. 4. 2 A When you look -- you really can't see the 3 floor from here when you have sorriedfing else there. 4 Q Back to an earlier question regarding s photograph Polinka 3. You indicated that it was a fair 6 statement that from that register, and based on your 7 experience, that you actually could see the floor to at a least halfway. 9 A No, I didn't -- I don't think I said that. 1o I don't think I said you could see the floor. You ii could see this way from the upper -- but the floor was 12 blocked. You can't -- I don't think you can see from 13 either -- from there. 14 Q The table that you say was in the view 15 from register 2 that day, how high was that table? 16 A The table was -- on register 2 through 17 where the third shelf is, it's maybe just a little bit 18 lower than that, and there was product on that table. 19 Q Referencing Polinka 3 and the shelving on zo the left. You have indicated just below the third 21 shelf from the bottom. 22 A . Yes. 23 Q When you say that Ms. Pickel fell down 24 pretty hard, in your statement, could you describe that 25 to me? APEX Reporting Service 19 1 A I heard her. I heard her hit the floor. 2 Q You had stated earlier that you -- in the 3 deposition, that her head hit the front door? 4 A I believe it, yes. s Q In your statement, Exhibit Shook 1, you 6 state that -- just for the sake of clarification, you state that Judy fell down pretty hard and her head s almost hit the front door. 9 A Well, she -- her head did hit the front 1o door. 11 MR. NURICK: I have nothing further. 12 EXAMINATION 13 BY MR. SHIPMAN: 14 Q Ms. Shook, my name is Jeff Shipman. I 15 represent Patrice Leonard in this lawsuit that has been 16 filed in Cumberland County by Ms. Picket. 17 As I understand, there were a number of 18 customers in the store that day. 19 A Uh-huh. 20 Q Is that right? 21 A Yes. 22 Q There are baskets that are there that are 2a--avaihNe--fbrztW-omem-tat se-ter -collect their 24 supplies and then to check out; is that right? 25 A Yes. APEX Reporting Service 20 1 Q Are these baskets bright orange colored 2 baskets? 3 A Yes. 4 Q Easily seen? s A Yes. 6 Q The store, it looks like it's very well 7 lit. a A Yes. 9 Q You described there being glass all over 1o the front of the store with natural light coming 11 through? 12 A Yes. 13 Q And this was mid afternoon in spring time. 14 A sunny day outside? 1s A Yes. 16 Q So very bright inside, would you agree? 17 A Yes. 1e Q Was there also artificial light from the 1g ceiling? 20 A Yes. 21 Q These baskets, would you say they are 22 about a foot long and 10 or so, 8 to 10 inches high, 23 somethin g like that? 24 A Yes. 25 Q As I understand your testimony, you are at APEX Reporting Service 21 1 register 1. You are checking customers out as they 2 come through the line. Do you recall there being 3 several customers ahead of Ms. Picket and Ms. Leonard? 4 A Yes. s Q So would that then require -- let's say, 6 my client, Ms. Leonard, to be standing there for some 7 period of time waiting to be checked out? e A Yes. 9 Q If she has a full basket of materials, is 1o there any place for her on the counter area there to 11 place that basket while she is waiting? 12 A No. 13 Q Do you know -- it's going to be hard -- 14 but do you have any way to approximate how long it may 15 have been while you were checking out these other 16 customers, that they were -- that Ms. Leonard was 17 waiting to come through the line? Is there any way or 18 is that difficult for you? 19 A I couldn't tell you. I don't know. 20 Q Ms. Leonard, is she a customer of the 21 store? 22 A Oh, yes. z3 _ -Q .. Was Mg. Picket also a re ar customer of 24 the store? 25 A Semi regular. APEX Reporting Service 22 1 Q Ms. Leonard more so than Ms. Picket? 2 A Yes. 3 Q Do you have a recollection of Ms. Picket 4 checking out first and then walking back into the s store, throughout the store after she already checked 6 out and now was walking around before she fell? 7 A No. e Q You do not? 9 A No. o Q So is it your recollection that she 1 checked out and then was leaving when she fell? 2 A Yes. 3 Q Do you have any idea how much -- what kind 4 of things Ms. Picket purchased? Was it just a couple s items or -- 6 A Yes. Enough to put in a very small paper 7 bag. s Q Now, did you actually see her when she 9 fell? I think you might have intimated that you were o now turning back to the register to get ready for 1 Ms. Leonard when this happened. Can you clarify that 2 for me a little bit? 3 A Yes. Judy and Patrice, Patrice and Judy, 4 were talking. Judy was facing Patrice. They were s carrying on a little conversation, and I wasn't paying APEX Reporting Service 23 i attention to that because I was not included in that 2 one; and Judy started to walk backwards and as she 3 started to walk -- she took a couple steps backwards, 4 and as she did that I turned to start to ring out s Patrice. Then in my peripheral vision is when I saw 6 that Judy had turned and fell. 7 Q Did you see that? 8 A I didn't actually -- I wasn't looking 9 directly at her when she fell, no. io Q So you finished checking out Judy with her ii couple of items. Then after that did she continue to 12 have a conversation with Patrice then at that point? 13 A When she was done checking out, yes. 14 Q So she was done checking out and she 15 continued having this private conversation with 16 Patrice. 17 A Yes, she was looking at Patrice. is Q So that she is turned and looking at 19 Patrice at this point. That conversation went on for a 20 period of time? 21 A Yes. 22 Q Do you have any way of -- _.n A N a. They were talld g, -md Judy took two 24 steps -- a couple steps backwards, and she turned, and 2s as she turned to go out the door, I turned to face the APEX Reporting Service 24 1 register and that is when I saw this way that she fell. 2 I heard her fall. I actually heard the -- it sounded 3 like her head hit the door to me. You know, the sound 4 when you touch glass, when you hit glass. s Q But you did see her -- she actually took 6 two steps backwards? 7 A Yes, she was walking backwards while she s was facing Patrice. 9 Q She was walking backwards. 10 A She took a couple steps backwards. I ii don't know how to explain it better. Sorry. 12 Q But it was two steps walking backwards, 13 not looking where she was stepping. 14 A Yes. is Q Then do you know if it was directly 16 backwards or could she have been stepping backwards 17 slightly on an angle? 18 A I don't know that. 19 Q Then do you know which direction she 20 turned? Did she turn inwards towards the store or do 21 you think she turned and stepped towards the parking 22 lot and the doorway area? 23 A She turned to go out the door. 24 Q But you don't know if she might have taken 25 these steps backwards not looking where she was APEX Reporting Service 25 1 stepping, sort of on an angle. You are not sure about 2 that? 3 A No. 4 Q Was the door, was it open or was it -- s MR. CASSAMATIS: For the record, when I . 6 was there last week it was a nice day and they had the 7 door open. It wasn't meant to portray that it was open e at that time. 9 BY MR. SHIPMAN: io Q Do you know if the door was -- I am trying ii to figure out how she would have come into contact with 12 the door, or do you know if it was open or -- 13 A Well, the door was closed. because we had 14 the air conditioner on. is Q Did she get up on her own? 16 A She started to, and then Patrice helped 17 her, and I came around the register to help her. 16 Q Did she say anything? 19 A She was fine. "I am fine." But I wanted 20 her to fill out an accident report. That is store 21 policy. 22 Q She did that? z 3 A _ Ye`ah, she didn f want ;but I insisted: 24 Q Did she request an ambulance? 25 . A No. APEX Reporting Service 26 i Q Did anybody offer or feel the need to 2 offer an ambulance, call an ambulance? 3 . A No. I asked her if she wanted me to call 4 a doctor, and she said no, I'm fine. s Q Did she say anything about the basket? 6 A I don't recall. 7 Q Do you recall her saying to Ms. Leonard, 9 you know, what was that basket doing there or why did 9 you place the basket there or anything like that? 10 A No. ii Q Anything that would even suggest that 12 Ms. Leonard had any responsibility for this? 13 A No. 14 Q Did Ms. Leonard have a number of items in IS this basket, do you recall? 16 A There was a bit in there. Just what was 17 in there, I don't recall that. is Q Do you recall it being relatively full 19 with material? If you remember. 20 A I don't. 21 MR. SHIPMAN: I think those are all of the 22 questions I have for you, Ms. Shook. Thank you. 23 MR. NURICK: If you don't mind, I have a 24 couple quick ones for you. 25 EXAMINATION APEX Reporting Service 27 1 BY MR. NURICK: 2 Q Referencing this photograph Polinka 3, 3 would you look at the carpet and tell me if that is the 4 same carpet that was there on the day of the incident? 5 A Yes. 6 Q Could you describe the color for me? 7 I see it's got a dark pattern, a light pattern in 8 there. 9 A It's like a tweed blue, gray, mauvey 1 o tweed. 11 Q Any brown in it? 12 A Well, mauve is brown, brownish-pinkish in 13 color. 14 Q When Judy was having the conversation with 15 Ms. Leonard while you were ringing up the items, Judy 16 had to face you to pay; is that right? 17 A Yes. 18 Q You had said that you had immediately gone 19 to start ringing up Ms. Leonard's items after Judy had 20 paid, and that you didn't really -- you couldn't really 21 see because it was out of your peripheral. 22 How can you be sure that she had taken two 24 A I'm not sure that she took two steps 25 backwards, but I didn't start to ring Patrice up right APEX Reporting Service 28 1 away because they were still talking and there was a 2 lull in there, a couple minutes or so, and I gave them .3 the opportunity to finish their conversation and while 4 they were still talking they were facing each other. 5 That is when Judy took a couple steps backwards and 6 turned to go out the door, and as she turned to go out 7 the door I turned towards the front of the register. 8 Q What was -- 9 A I saw this way. 10 Q Was it a busy time of year? Was the store 11 busy that day? 12 A The store was busy, yes. 13 Q Would you say very busy? 14 A It was in spurts. That is how it goes. is Q At that time was it busy? 16 A Before Judy and Patrice, yes. 17 Q How long would you say the conversation 18 after Judy paid, how long would you say the 19 conversation with Ms. Leonard lasted, just roughly? 20 A I don't know. A couple minutes. 21 Q There was nobody else waiting in line? 22 A Patrice was the last one in my line. 23 Q You indicated that you asked Judy if you 24 could call a doctor for her. Why did you ask her? 25 A Just to be -- I just asked her if she APEX Reporting Service 29 1 needed a doctor, if she wanted me to call a doctor. 2 There was no special reason. It just came off the top 3 of my head. 4 Q Was it partly because the fall was, in s your words, hard, pretty hard fall that you thought she 6 might require a doctor, just in your judgment, and you 7 were concerned? 8 A I don't -- I don't know. I don't know if 9 it was because of that or if because it's -- it was 1o just the right thing to do. 11 MR. NURICK: That is fine. Nothing 12 further. 13 MR. SHIPMAN: I don't have anything. 14 (The Deposition was concluded at 2:22 p.m.) 15 16 17 18 19 1 2 24 25 APEX Reporting Service 30 1 CERTIFICATE 2 3 I, Sharon L. Dougherty, a Notary Public for the 4 Commonwealth of Pennsylvania, do hereby certify: . 5 That the witness named in the deposition, prior 6 to being examined, was by me first duly sworn or 7 affirmed; 8 That said deposition was taken before me at the 9 time and place herein set forth, and was taken down by 1o me in stenotype and thereafter transcribed under my 11 direction and supervision; 12 That said deposition is a true record of the 13 testimony given by the witness and of all objections 14 made at the time of the examination. 15 I further certify that I am neither counsel for 16 nor related to any party ta??id action or in any way 17 interested in the outcoVe t] ereof. - , .1` 19 20 21 22 23 5 APEX Reporting Service r... act _A-Aw, ulaa.?PC4?.Ft??nt???a<, nub .tRt, _ eft1Pno1?e +?A DEPOSITION EXHIBIT ?.. ........?_..._ . ,_.,..__...._. .. .._.._..._.........._.____._._._...__. .?__....._.....?.?_?_........?_..? .,. .. . ,??li?°711 coke/ ?r? ___. .. w_.... _. _....____.,..._....._...._,._._...__......_......._.._..._____....._._.._.._. ..;.....,.?_.._ .._.. _ .............__...._........ ff X G O r t, }t ?t 3 :r F '" J i ?r ` rye 1 b;Y 1 n?f 4 ;t ?s i ? ?k? '..rip °s.'Ytt? .,, `3-'17F? I::::;zo.,•. ;? i+?•?.? 1. • : 1 t .i/g t? p? •?^_' Mme' , c ? 7sr.'GII, - .... Y r x ?• u y u 1+ r# y? i i •.r G5? r r? ,6?afS• j`?Lr3,u .'?"?.?... ?'.; ? r t ? ?,tY 1 . t ? s >s is ] x C f yr? ' ?-? F r •, l i , M&W OP R. tt 1 it< j?l.? I r 91 air oe}9 la IFNw 1l ? ? ??v?r •f x 1 ?1 rgt, r : s :r.€} £It 4 it R p t Mir- AV REM 34 y a L`-? x r 1 na a? j '• ?!Y,??is`??T i`s? ? s 1..:. ?? ?? y, ??4? ri r i§• psi.. 5v ' fL ? : .?' ..... .? a 'rt ? ? "xfN t{L.}d ? Tr1 1 :f.L r• F,,.: i,.:. t`sNer,M.'i,MrF':Y. -40 Z 'v L? Win, ; ii WIT t7 j„ nn? 1. ?? r' S S t o c dpi "!c4,5,f f t 6'f JF .f 4 M LAW OFFICES OF GREGG DURLOFSKY BY: Gregg R. Durlofsky, Esquire Attorney I.D. 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 JUDITH PICKEL, Plaintiff V. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1942 CIVIL PLAINTIFF'S REPLY TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Plaintiff, Judith Pickle, by and through her Counsel, Law Offices of Gregg R. Durlofsky, P.C., hereby responds to Defendants, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc., and Schoeneman Corporation's Motion for Summary Judgment and says: 1. Denied, Plaintiff's Complaint is a legal document which speaks fully on its face. 2. Admitted 3. Admitted 4. Denied, Plaintiff's Complaint is a legal document which speaks fully on its face. 5. Denied, Plaintiff s Complaint is a legal document which speaks fully on its face. 6. Denied, Plaintiff's Complaint is a legal document which speaks fully on its face. 7. Denied, Plaintiff's Complaint is a legal document which speaks fully on its face. 8. Denied as a conclusion of law to which no responsive pleading is required. 9. Admitted 10. Denied, Defendant Leonard's deposition is a legal document which speaks fully on its face. 11. Denied as a conclusion of law to which no responsive pleading is required. 12. Denied, Plaintiff's deposition is a legal document which speaks fully on its face. 13. Denied as a conclusion of law to which no responsive pleading is required. 14. Denied, PaR.C.P. 1035.2 is a legal statute that speaks fully on its face. WHEREFORE, Plaintiff requests Defendants, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc., and Schoeneman Corporation's Motion for Summary Judgment be denied with prejudice. . .f ,, LAW OFFICES (*CREGG D f BY: R. DVRLOFSKY, ESQUIRE . 1-1 LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 X610) 834-9483 JUDITH PICKEL, Plaintiff V. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1942 CIVIL CERTIFICATE OF SERVICE I, Gregg R. Durlofsky, hereby certify that I have forwarded a true and correct copy of Plaintiff s Reply to Defendant's Motion for Summary Judgment by first class mail, postage prepaid I on the date shown below to the following interested counsel: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 LAW OFFICE OF-"EGG R.-DURLOFSKY By: , Esquire Dated: "i t-V /au r-3 ?, ?yY ? ? -?c-? _ N "-? ' L? ', L . r 4 7 ? .? /' P ? ...-- ? , ? y ?? ?.? ..{ ?_ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please List the within matter for the next Argument Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full.) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Judith Pickel VS. Patrice Leonard, individually and d/b/a The Right Cut, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation ( Plaintiff ) (Defendant) No. 04-1942 Civil 2004 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants', Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation, Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Gregg Durlofsky, Esquire Address: 111 West Germantown Pike Plymouth Meeting, PA 19462 (b) for defendant: Schoeneman Co-Defendant's Counsel: Address: + Gregory E. Cassimatis, Esquire Jefferson J. Shipman, Esquire 4999 Louise Dr., Suite 103 301 Market St., P.O. Box 109 Mechanicsburg, PA 17055 Lemoyne, PA 17043-0109 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 Dated: 10-24-06 Attorn Defendants, Schoeneman CERTIFICATE OF SERVICE AND NOW, this day of Oc c , 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply, hereby certify that I served a copy of the within Praecipe for Listing Case for Argument on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Law Offices of Gregg Durlofsky Gregg Durlofsky, Esquire 111 W. Germantown Pike Plymouth Meeting, PA 19462 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 By: ? vJ Grego ryf/Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 . ?., r? ?_ ?., ?`?, r" ?_? N t.F} .? ?*'f ?: fj.. !.. ? ?..? ?? r ....• _? --t 2't -ten i _t'7 ?r?^' -` 3? 1 \`j= Vi . LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 JUDITH PICKEL, Plaintiff V. PATRICE LEONARD, individual and d/b/a The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1942 CIVIL PRAECIPE TO FILE DEPOSITION TRANSCRIPTS TO THE PROTHONOTARY: Please file of record the attached deposition transcript this matter. Date: Yz I, 1 o4 By: 99 L. for Plaintiff regard to Pb - • LAW OFFICES OF GREGG R. DURLOFSKY By: Gregg R. Durlofsky, Esquire Attorney I.D. #: 66253 111 West Germantown Pike Plymouth Meeting, PA 19462 (610) 834-9483 Attorney for Plaintiff JUDITH PICKEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW PATRICE LEONARD, individual and d/b/a NO. 04-1942 CIVIL The Right Cut, THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, INC., SCHOENEMAN CORPORATION and SCHOENEMAN BEAUTY SUPPLY, Defendants CERTIFICATE OF SERVICE I, Gregg R. Durlofsky, hereby certify that I have forwarded a true and correct copy of the within Praecipe to File Deposition Transcripts by first class mail, postage prepaid on the date shown below to the following interested counsel: Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 LAW OFFXE,6F GREGG Jr DURLOFSKY By: Dated: i-zA Ittf ;gg R. D sky, Esquire ttorney laintiff 00, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH PICKEL, : CIVIL ACTION - LAW Plaintiff V. No. 04-1942 CIVIL PATRICE LEONARD, individually and d/bja THE RIGHT CUT, and SCHOENEMAN BEAUTY SUPPLY and SCHOENEMAN BEAUTY SUPPLY, INC.,: Defendants : JURY TRIAL DEMANDED Oral Deposition of TERRI L. POLINKA C.) C C C= -n DATE: Friday, April 15, i7_ v e._. 2005 Z' E, ca i -a rn TIME: 12:58 p.m. ; s Z ~ ?? 4 o PLACE: Offices of Johnson Duff--!L' n) ? o-,m 301 Market Street Lemoyne, Pennsylva nia TAKEN BY: Plaintiff APEX REPORTING SERVICE By: Sharon L. Dougherty P. O. Box 6265 Harrisburg, PA 17112-0265 717-545-3553 ORIGINAL 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 APPEARANCES: For the Plaintiff: TODD B. NURICK, ESQUIRE 111 West Germantown Pike Plymouth Meeting, PA 19462 For Defendant Schoeneman Beauty Supply and Schoeneman Beauty Supply, Inc.: GREGORY CASSAMATIS, ESQUIRE Rossmoyne Corporation Center 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 For Defendant Patrice Leonard: JEFFERSON J. SHIPMAN, ESQUIRE JOHNSON DUFFIE 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Witness TERRI L. POLINKA Mr. Nurick Mr. Shipman I N D E X Pane No. 3/19 12 Exhibits Marked No. 1 (Handwritten Statement) 11 No. 2 (Photograph) 16 No. 3 (Photograph) 20 No. 4 (Photograph) 22 APEX Reporting Service 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S S T I P U L A T I O N (It is hereby stipulated by and between counsel for the respective parties that sealing, certifying, and filing are hereby waived, and that all objections, except to the form of the question, are reserved to the time of trial.) TERRI L. POLINKA, having been sworn, was examined and testified as follows: EXAMINATION BY MR. NURICK: Q Good afternoon, my name is Todd Nurick. I represent Judith Pickel in an action that has she brought for an alleged incident that occurred May 14th, 2002. Have you ever given a deposition before? A I have not. Q You have not. Okay. This will be new to you then. I am going to give you some instructions regarding the deposition. If at any time during the instructions you don't understand them, please stop me, i APEX Reporting Service 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feel free to stop me and I will be happy to restate or rephrase the instruction. However, if you don't ask me to restatl,e or rephrase, I am going to assume that you understood l' the instructions; is that fair? A That's correct. I got it. Q Additionally, I will be asking you some questions during the deposition. The same rule applies, if you have any problem with it, you don't understand it, feel free to stop me. I will be glad to restate, rephrase the question. However, again, if you don't stop me and ask me to restate or rephrase, I will assume that you've understood the question; is that fair? A okay. Q Additionally, while we are going through the process, please let me finish any questions or what I am saying because it is very difficult for the court reporter to take down what two people are speaking at the same time. Is there any reason today medically induced, prescription induced, alcohol and drug related, why you don't feel you can give competent testimony here today? A No. APEX Reporting Service 5 0 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q Also, you have your attorney here. This is a deposition. It's not an interrogation. I don't want you to guess at the answers. Feel free to stop me and say you would like to speak with your Counsel. We will make arrangements to make that happen. Although this is an informal setting, the ll testimony that you give here today carries the same weight as any testimony that you give before a judge and jury in a court room. A Yes. Q Do you understand that? A Yes. Q Do you understand what I said, all of the instructions? A I do. Q Outstanding. For the record, would you please state your full name? A Terri, middle initial L, Polinka. Q Terri, would you please spell your last name for us? A P-O-L-I-N-K-A. II Q Have you ever in the last ten years been convicted of a crime, and that would include things like perjury, shoplifting, fraud? APEX Reporting Service 6 10 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Absolutely not. Q Terri, what is your current address? A 829 Fairfield Street, Mechanicsburg. Q Who is your current employer? A Schoeneman Beauty Supply. Q You were employed there on May 14th, 211002? A That's correct. Q Could you give us a brief idea of what your job description there is and what your job there was? A I waited on the customers. I restock the shelves. I do ordering certain days, and I put away the shock when it comes in on other days. Q Do you work the registers? A Yes. Q Would you describe the area that you work in around the registers, just the general description of the area? A I thought you had more to say. That is why I was waiting. Q That is okay. A There are two registers there. There is i I an open area as you come in, there is glass windows and a glass door, and there is an open area as you come i?. The registers are kind of far a part. APEX Reporting Service 7 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'I mean, they are not right next to each other or they are not butted up against each other this way. There is an open area in the center and -- Q How far a part would you say they area A I'm not sure. But I mean, it's an open area. It's almost like a circle type of area. Q Is it close to five feet? Is it close to 10 feet? Is it close to 15 feet? A Maybe between about 10 feet, from register to register. Q Yeah. A Yeah. Q On May 14th, 2002, were you working at that time? A Yes. Q Do you recall an incident involving Ms. Pickel on May 14th, 2002? A Yes. Q Do you have a recollection of what time that would have occurred? A What day of the week was that? Q That was my next question. A I'm not sure -- well, see, I have a set schedule that I have had for years. So if it would have been on a Tuesday, it would have been before 2:0II0. APEX Reporting Service 8 0 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 If it would have been on a Wednesday, it would have been before 5:00. Q I will assume it was a Wednesday thenlfor purposes of this. A Okay. Q If you don't mind. I i Does it sound like it would have happened iaround 2:00? Does that make sense to your recollection? A I think so. It would have -- it was after lunch, but it was before -- anywhere close to dinner time. So it was probably midafternoon. Q What were you doing around that time that day? A At the time that it occurred? Q Yes. A I was ringing my customers. Q You were ringing customers up. Which register were you at? A I was at register two. The incident occurred at register one. Q Did you see, while you were ringing up your customers at register two, did you have the opportunity to see Ms. Pickel and Ms. Leonard standin by register one? APEX Reporting Service 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I knew they were there. I can't really say that I would see them because my customers would be here. I would looking down just as she is to ring,. So I wouldn't really be looking over there because I would have to look here, and I would have to look at my register or I would ring it up wrong. Q When you say, just as she is, you are referring to the court reporter? A Yes. Q Do you have an idea of what Ms. Pickel and Ms. Leonard were doing at the time? A They were talking. Q They were having a conversation? A Yes. Q Who else was there at the time? A Ellen Shook was ringing at register one. Q From your perspective, facing I would imagine their backs, could you tell me who was standing where in reference to the other? A Not really because I would have been looking down. I could hear them talking. Q okay. A But I was talking to my own customer, and I could hear them out of this ear, and I remember thinking, oh, I wish they'd be quiet because I was APEX Reporting Service 10 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 0 25 19 20 21 22 23 24 trying to hear what my customer was saying, and they were carrying on a conversation back and forth. When I looked up was when I heard the thump. That is when I looked up and went like that'. Otherwise, I wasn't really looking over there. Q Had you seen Ms. Leonard place down the basket? A No. Q What was your next recollection? You say you heard a thump. Would you describe that to me? A I heard the thump and I heard, oh, my gosh, are you okay, and I'm not sure if it was Ellen or Patrice that said it. Q Okay. A And then I heard Judy say, Oh, I am fine. I am fine, girls. I am fine. Then that is when I looked up and saw what had -- must have occurred, but I did not see it at the time that it was occurring. Q Had you seen the basket at any point on the ground prior to hearing the fall? A No. Q This was Ms. Pickel's basket? A I think it was Patrice's basket from -- what my understanding is, it was hers. She had -- Q Right. So it was Patrice's basket. APEX Reporting Service 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 Do you recall if Ms. Pickel was injured? A She had a cut on her pinky finger which I went back and got a Band-aid for. That is really all I recall her saying that she had happened. Actuallyll saw -- I s aid, oh, you have a little cut on your finger, an d I went back and got her a little Band-aid. Q Do you recall on August 16th, 2002 making a written statement with your employer? A I wrote down, yes, what had occurred or (something that day. Q I will pass you what is Deposition Exhibit Polinka 1. I would like you to look at and let me know if that is your statement. (Pause.) A Yes, that is mine. (Deposition Exhibit No. 1, the Handwritten Statement, was produced and marked for identification.) IIBY MR. NURICK: Q Having read that now, is there anything that you put on there that you would like to change? A I don't believe so. Like I said, I was ringing customers, and it occurred but I didn't even see it occur until it happened, and then I looked up and that is how I knew it happened. MR. NURICK: I have nothing further. APEX Reporting Service 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXAMINATION BY MR. SHIPMAN: Q Terri, my name is Jeff Shipman and I represent Patrice Leonard in this case. As I understood, you were at the register No. 2, and that there were two registers. A That's correct. Q Is it Ellen who was at register No. 1? A That's correct. Q Was your back to register one? Where you were standing at register 2, would you have been -- A No, Ellen and I actually would be -- that could be Ellen and this could be me, and now she would be turning this way because the register faces this way for her. MR. CASSAMATIS: The court reporter will not be able to take this down. You will have to give directions that she can write down. If you turn to your right, say, turn to your right. THE WITNESS: The direction thing I am not ?1good at. This would be my register here and I would be standing here like this. My register would be directly in front of me. Ellen's would be across the little circle area, and she would -- had she been APEX Reporting Service 13 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ringing at the time, the customers would have been to her right because she's facing the opposite way. She's ringing and the customers would be at her right because that is the way the bar goes. MR. NURICK: Her right or her left? MR. CASSAMATIS: He can show you a 11 picture. THE WITNESS: This would be me. This is where Ellen was. The register is down this way. MR. NURICK: Her register does not face you. It faces into the store. THE WITNESS: No, her register does not face me. Hers faces into the store, that's correct. My register would face toward her. BY MR. SHIPMAN: Q But at the time of this fall, you weren't looking -- A No. I was looking down at my register because I was in the process of ringing a customer at the time. Q So you didn't really see the fall. A I just heard the thump. Q You didn't see -- A That is when I looked up. Q You didn't see Ms. Leonard place a basket APEX Reporting Service 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ion the floor. A Absolutely not, no. I wouldn't have been able to. Q Were there any other customers in the store, do you remember, or in line at register one? A I think it was -- it was just those two, and I think that I just had one person at my register, from what I recall. Q Do you know if the Plaintiff, Ms. Pickel, had already paid and was now walking around the store? A I think she had already paid because she had -- when I looked up, there was a bag that had already been -- it was a little paper bag that she had had with her. So I am assuming that she had already paid. Q But do you know if she had paid and now was walking around inside of the store -- A No, I do not. Q -- for some period of time? A I wasn't even paying attention until she fell. So I don't -- I really don't know because it wouldn't have been -- Q Here today, do you have a recollection of seeing her walking around the inside of the store that day? APEX Reporting Service 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A After the accident occurred? Q No, before the accident occurred. A No, I really don't. I really do not. Q So you really only remember hearing the conversation between Ms. Leonard and Ms. Pickel and then hearing a fall. A Yes, they were talking. They were talking. I don't even know what they were talking about, but they were talking, and it was loud enough that I can remember thinking, oh, I wish they would be quiet so I could pay attention to my customer because I was ringing at the time. Q The baskets, are they a particular color? A They are orange. Q Bright orange? A Yes, it's pretty bright orange, yeah. Q After this fall, Ms. Pickel, what did she say? Did she say she was fine? A We asked her because, you know, when someone falls you instantly go, oh, my gosh, are you okay, and that is what -- I believe it was Patrice and Ellen both said that. "Oh, my gosh, are you okay," and she said, oh, I am fine, girls. I am fine. She got 24 11up. 25 Then I did see that she had a cut on her APEX Reporting Service 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 finger. So I did go back and get her the Band-aid and brought that up for her. Q Did you see a basket on the floor at any point in time. A When I looked up the basket was there. I think it was -- it must have been knocked over by Judy when she fell. I don't know how, you know, it was knocked over but it was. Q Can you tell me approximately where on the floor it was when you saw it? A It was a few feet away from register one towards the center of that open area, but I mean, it was a few feet away from register one. It was not smack dab up against the register here. Q There's a picture that your attorney provided us. I guess we will make this an exhibit. (Deposition Exhibit No. 2, a Photograph, was produced and marked for identification.) IIBY MR. SHIPMAN: Q Terri, is this a photograph depicting the area in front of register No. 1? A Uh-huh. Yes. Q There are some baskets stacked to the left there. Is that the way they were back in 2002, if you remember? APEX Reporting Service 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They may have been -- I'm not sure if they were there or not. They have been at that register and then they have been over in front of register 2 as well, just depending upon how we have that front area ,because we try to keep it open as much as we can. So it's either at one or the other. I don't remember Ilwhich one. Q There is a basket that is placed on the floor here. Do you have any idea whether the basket on the day of this accident was in that general area? A It's probably pretty close to that area, because Ellen would have been standing, of course, in front of her register, and Patrice would have been -- you know, if she would have been next in line, she would have been in that general area. Q You say when you saw it it looked like it had been knocked over. A Yes. I don't know if her foot caught it or whatever, because like I said, I didn't see it 11 occur. Q Do you know if Ellen saw it occur? A I don't know. I mean, she was there, but she could just as easily been looking down at her register, because we prepare to put the next person in, and we put in our name and our number, and then we put APEX Reporting Service 18 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?J 22 23 24 25 in that person's name. So she could have been doing that or she could have been looking. I'm not sure. Q Now, when you have customers come in and purchase items, are these typically individuals who own salons and are coming there for supplies? A Not necessarily. It goes either way. We have people that are not practicing but keep their license current, and we have people that have salons. Q Can the checkout for individuals sometimes be time consuming? In other words, it might take awhile to ring people up, they have a number of items, as opposed to maybe just going in to like a convenience store or a grocery store sometimes where you're waiting in line might take a little time? A Uh-huh. Q Do you know what I mean? A Well, if they have a cart full it would take longer than if they just had a couple items. Q You don't remember if there may have been other individuals or customers there waiting in line. A I only -- when I heard the thump and looked up, there was only the two of them there. Q Okay. A I do not know if there were people there before Judy or not. APEX Reporting Service 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SHIPMAN Thank you, Terri. I think that is all I have. EXAMINATION BY MR. NURICK: Q One quick follow-up question. When you did see the basket after the fall occurred, would you tell me roughly the amount of product that was in there? A I couldn't tell you the amount of things. The basket was full. Q The basket was full? A Uh-huh. Q Do you remember what type of products were in there? A I do not. I do not. Q I would like to show you just one more picture that was presented here. If we could mark this Plaintiff 3. This is a different perspective of again the basket that was placed there for the photo with no reference to where it may have been at the time of the incident. I would like you to take a look at it. It's a side shot, and tell me if your recollection is that the basket was closer, father away, or maybe the same area as far as distance from the counter? APEX Reporting Service 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I would think it would be pretty close. Q Okay. A Because if Judy -- like I said, I didn't see it, but if Judy was purchasing, Patrice wouldn't have been right on her. She would have had to have been a little bit behind her or off to the side of her. So that would probably be pretty close. Q You said when you looked up after you (heard the fall, the condition of the basket, did you say it was -- it had been knocked over? A Yeah, it was just tipped a little bit on its side. Q Some product had come out? A Well, none actually rolled out on the floor. It just looked like it was tipped. I think the product was still in there. It hadn't rolled across anywhere or anything. I think it was still like right -- Q But the basket was on its side? A Yes. (Deposition Exhibit No. 3, Photograph, was produced and marked for identification.) BY MR. NURICK: Q One more photo again, which would be Polinka 4. Would this be of you from your register as APEX Reporting Service 21 i 1 2 3 4 5 6 7 8 9 10 11 12 10 13 14 15 16 17 18 19 20 21 22 23 24 25 it was, to the best of your recollection? A Yes, it would be. Q Are the displays on the register the same on the register? We are talking about register 2 in that photo. A Well, they wouldn't be exactly the same. This was several years later. We get new products in every month and we have different things sitting at the registers, you know, depending upon what season it is. Q Is there ever not anything on that register? A There is usually something there always. I mean, there is -- in the summertime we have the hair scrunchies is what we have right now and things like that. In the wintertime it's sometimes lip balm or something. There is always something there because we always have new things that we like to put up by the register. Q Can the display sizes change? Are they generally as big as the one there? A We try to keep them about the same because we can't have too much on the counter because then we can't ring up the products people are buying, but we usually always have our stock in the store. Q Are there smaller displays as well? APEX Reporting Service 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A There are smaller and larger. There is all different sizes. It just depends. (Deposition Exhibit No. 4, Photograph, was produced and marked for identification.) MR. NURICK: I have nothing further. (The Deposition was concluded at 1:19 p.m.) APEX Reporting Service 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C E R T I F I C A T E I, Sharon L. Dougherty, a Notary Public for the Commonwealth of Pennsylvania, do hereby certify: That the witness named in the deposition, prior to being examined, was by me first duly sworn or affirmed; That said deposition was taken before me at the time and place herein set forth, and was taken down by me in stenotype and thereafter transcribed under my direction and supervision; That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. I further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. APEX Reporting Service L' ??b1?5 100 0? c4e J (L7 C DEPOSITION EXHIBIT y'i?'L5 0 linkL :S(y . ?y ?t } f ? 't 1 ill r ? s 4 :'i ? I r I I ?? 3 i f ' c Y t « ? 1 / ?f R 11`j F s? r , 77- ?F f I f1 4 + > ;rah! ? ? r y ?; ti t w}1. , ,fir' rim, ... fit, ?{ ._'-- -+ - ?+?' c-?:.. ? j, ?t 5 - 't',?,. • 'i. , ? ? ? _ ? III I??? ?+I h t r??'' '-? 000 rte: r??u 3 ? ;r t iY i F - ?' 1 mµ4 "?. +JE ?. T i OV y? li f { ?? 1?- I " - C t O JUDITH PICKEL, PLAINTIFF V. PATRICE LEONARD, individually and d/b/a THE RIGHT CUT, SCHOENEMAN BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC., and SCHOENEMAN CORPORATION, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1942 CIVIL TERM IN RE: MOTION OF DEFENDANT, SCHOENEMAN BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC., AND SCHOENEMAN CORPORATION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT , AND NOW, this " ? day of December, 2006, the motion of Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc., and Schoeneman Corporation for summary judgment, IS DENIED. -"o r_t,_ By the C Edgar B. Bah4ley, J. ?regg Durlofsky, Esquire For Plaintiff fferson J. Shipman, Esquire For Patrice Leonard, individually and d/b/a The Right Cut ?"'egory E. Cassimatis, Esquire For Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc., and Schoeneman Corporation sal I-Qz j _ L ? c > ' - U id!_,' ?' -tip Plaintiff -44 ;1 !' G w'E" X-40-6 R.t Defendant Be s ?NC) Sao &Gtcow ,f 0 In The Court of Common Pleas of Cumberland County, Pennsylvania No.? Civil Action - Law. 64O,444w%, aw'* S7P Oath We do sole swear (or a firm) that we will support, obey and defend the Constitutio of the United States an he C nsti is Commonwealth and that we will discharge the duties f our office witLfidelity. A Aiignatu r, ? f-0 (46 R-4 tv c y Name (Chairman) se, ft C, Law Firm I1 0 V rrsf,r w.-z A& Address ?J;6l J1d /.;a /e y city, -? Zip gnahue Signature Name Name s f s`n Sa f,2 Law irm Law Firm a J S /?? S f &-lo Iri'w? k?• 41 Address Address IC 170Y ? 00 City, Zip city, zip Award( ? 101 5 We, the ur rsigne arbitrators, having been duly appointed a sworn (or affirmed), ake the followin award: ( te: If dama s for delay are awar d, they shall be separate y stated.) &;t PC4Y#*C1C n 04 Kok ?• r t Pa .?a?a+Eh eta' f a?se,e-0% &1 Cove, V .?• C M C rrtt.. . Arb trat r, d' ents. (Insert n e if applicable.) Date of Hearing: , 6 n 7- (Chaff n) Date of Award:?? V ?-- Notice of Entry of Awar do - Now, the Igo' day of 2007 at 3:07 , ?.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ M0.00 rothonotary By: Deputy s~l _. a ...? C ? t Do ioo- • Je nQrd individually and 4blo die RiV Cwt . Nonsui+ 8rcznw (k3 +o Corporate 6+?x zis. ?Choenen-an Beau+y 5voy, !?ehoenemm Beau ( ,ppfy Tne pond &hoenema n Crpora.*on 0, N.M' GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation JUDITH PICKEL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-1942-CIVIL PATRICE LEONARD, INDIVIDUALLY AND: d/b/a THE RIGHT CUT AND SCHOENEMAN: BEAUTY SUPPLY, SCHOENEMAN BEAUTY SUPPLY, INC. and SCHOENEMAN: CORPORATION Defendants : CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Defendants, Patrice Leonard, Individually and d/b/a The Right Cut, Schoeneman Beauty Supply, Schoeneman Beauty Supply, Inc. and Schoeneman Corporation and against the Plaintiff, Judith Pickel, in the above-captioned action pursuant to the Award of Arbitrators dated January 17, 2007 and Notice of Entry of Award entered on January 18, 2007 and no appeal having been taken therefrom. Date: February 21, 2007 By: Gregoryassimatis, Esquire Attorney for Defendants, Shoeneman Beauty Supply, Shoeneman Beauty Supply, Inc. and Schoeneman Corporation W ="ok CERTIFICATE OF SERVICE AND NOW, this 21 S` day of February, 2007, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, Schoeneman Beauty Supply, Inc., Schoeneman Corporation and Schoeneman Beauty Supply, hereby certify that I served a copy of the within Praecipe to Enter Judgment on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregg Durlofsky, Esquire Law Offices of Gregg Durlofsky I I 1 W. Germantown Pike Plymouth Meeting, PA 19462 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 By: _ Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 7J- 0 D 413 91 "1_ ,r -=c cv W CD 0 XT;